Possession of debt does not necessarily mean a bailiff occupying a flat or a car. There is a long way from debt to debt collection. Those who have not taken advantage of the opportunities appearing in it must prepare for a life with a debt collector, which, unfortunately, is not easy.
Unpaid invoices, unpaid loan or arrears in the Tax Office – these are just a few examples that can lead to debt enforcement by a bailiff. At the beginning, however, the creditor, the person we owe money to, most often uses the services of debt collection companies. Their task is the so-called amicable or soft debt recovery, which involves informing the debtor about the consequences of non-payment, for example, a bailiff.
If it does not help, then the matter is directed to the court. When the debtor has nothing to defend himself, a judgment is issued. In order for the bailiff to start the execution, the judgment must be issued with an enforcement clause. The feasibility clause means having an enforceable title and is a sign for the creditor, he may submit an application to the bailiff’s office to initiate execution.
What can a bailiff take?
In contrast to the person working in debt collection, the bailiff has much wider powers. The debt collector can basically only inform us about indebtedness – he can not take any seizure of property and use direct methods of pressure on the debtor. However, when the bailiff appears, the situation is different.
The bailiff has the appropriate authorizations to perform bailiffs’ activities, such as real estate or movable property such as a car, radio and television equipment and other property. At the same time, it is worth pointing out that the creditor can determine what debtor’s assets are to be covered by the debt. Usually, creditors indicate the seizure of part of the salary or other income of the debtor. Then, the bailiff can “enter the account”, that is, take part of the money earned by the debtor, but only to the amount indicated.
However, the bailiff can not take everything, for example he can not take over the debtor’s tools for work, clothing, fuel, food, items used in religious practices, personal documents. In the case of unpaid loans, the bailiff can take half of the salary received on the basis of a contract of employment. The pension may in turn take up more than a quarter of their amount, but must leave a minimum of half of the minimum pension or pension.
It is worth contacting the creditor
As a person having a bailiff’s occupation, we must remember first and foremost that we should not continue to indebt ourselves. You can meet with stories that debtors copy their property to relatives, change their place of residence often, do not check in, go abroad, or leave work to earn “in black”.
However, these are short-term actions. It is best to try to communicate with the creditor and ask for a debt cancellation, reduction or spreading into installments. Then the case can be reconsidered so as to satisfy both the creditor and the debtor.