Rights and obligations of the debtor

A large part of the population is struggling with financial problems today. Many are in serious trouble and do not know how to deal with debts. They are afraid of initiating the execution of property. In such a situation, it is worth remembering what the debtor’s rights and obligations are.

Pre-court debt collection

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At this stage, debt collectors want to reach an agreement with the debtor through negotiations. However, it depends on the debtor whether the meeting or telephone conversation will take place.

He is not obliged to answer the phone or let debt collectors enter the house. The only thing the debt collector can do in this situation is to send a written notification, which will be the basis for initiating court and enforcement proceedings, i.e. the next stage of recovery.

Court and debt collection

Court and debt collection

This stage begins when the action is brought, and if there is no repayment, it gains momentum when the enforcement clause is issued for the judgment / BTE, based on which the debtor must pay the debt to the creditor. The executor of the ruling is usually the bailiff, as some debt collection companies urge amicable debt repayment after obtaining the sentence, only threatening to involve the bailiff in the case. When the debtor is notified of the enforcement, he has one week to lodge a complaint .

The debtor may also lodge a complaint about the bailiff’s actions with the court at which the bailiff works. The complaint may relate to the bailiff’s activities as well as to the failure to do so. However, this involves a fee of PLN 100.

In the course of enforcement proceedings, the debtor is required to provide information needed for enforcement proceedings. If he fails to do so or provides false information, he may be fined PLN 2,000. Another thing that the debtor should remember is the need to inform about the change of residence – up to 7 days, if he changes his place of residence for more than one month. In the event of abandonment, he may also be fined PLN 2,000.

expiration

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One way to avoid debt is to strive for limitation. If the deadline is approaching, the debtor should at all costs avoid recognizing the debt (e.g. by granting the creditor that the debt exists), as this interrupts the limitation period. In addition, debt recognition can be considered as a “bargaining chip” in discussions with the creditor. This can help spread the debt into installments or lower installments.

Depending on the type of debt, limitation may most often occur after 2, 3 or 10 years. In the event of a statute of limitations, the creditor is no longer entitled to seize the debtor’s property, provided that the debtor makes the relevant claim.

If legal proceedings are instituted, it should be reported that the claim has expired, which the court will be obliged to take into account in the judgment. It should be remembered, however, that the debt is not forgiven, but still exists.

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