The leaders, with record debt, for the sum of PLN 45 million! What can a bailiff do in such a situation when the debtor effectively conceals his property against the creditor and the court?
When the bailiff will get interested in the account status …
Most of the people who are subject to the bailiff’s execution think about what can and can not be taken by the bailiff. How much can he take on the debt of L4 , maintenance , salary , unemployment benefit , the lowest national , what he does when he can not get a commitment? We have written about all of this in previous articles – and it is worth knowing about it, primarily because the bailiff is a public official who acts on behalf of the court. Which means that his actions are limited by law! However, completely different requirements apply to people working under a contract of employment, and others for those receiving remuneration on commission – and yet it is different in the case of pensioners.
What can the enforcer do?
Myths present on the Internet that the bailiff knocks on the door immediately when there is a problem with the repayment of obligations is, as the most untrue. Generally, you can meet him immediately after the debtor receives a court judgment on the execution of property. Which means that the enforcer has the right to pay a personal visit a few days after the judgment has become final. However, in practice it is completely different. The bailiff “reluctantly” bothers to visit “face to face”. He strongly prefers the attachment of a bank account, salary or benefits that does not require him or her to “walk” to the debtor or to talk hard.
So, what can the bailiff do?
- All movables – eg TV, laptop, tablet, car, furniture,
- Real estate belonging to the debtor – e.g. flat, house, land,
- Bank accounts – including a savings account ,
- Tax refund from the Tax Office ,
- Rent or retirement,
- Part of the remuneration,
- The sum for unused vacation
In addition, it has the right:
- Imposing a fine on the payer when he avoids contact with him,
- Searching for clothes that the debtor is wearing,
- Opening a house / flat and its revision, without the owner’s consent,
- Giving a warning to the debtor when he acts incorrectly during the act,
- Order the payer to leave the place of enforcement proceedings,
- Police summons as a means of direct coercion
It is worth to be aware of the fact that the bailiff can take many items of the property of the indebted person. Provided that these components have been listed, in the application for the initiation of bailiff enforcement, which the creditor has made with the enforcer. Read also: How to stop bailiffs’ execution?
Can a bailiff take a cash prize?
And how is it in the case of a cash prize? Is the bailiff here also has a lot of room to show off? Unfortunately – but we have to upset many people. When an employee’s payment is taken, the debtor must take into account the fact that not only basic pay will be deducted, but also any cash rewards such as: bonus, annual bonus or so-called thirteen.
According to the applicable provisions – income obtained under employment is not only a basic payment, but also fixed and variable allowances, such as:
- Annual and quarterly bonuses
- Established commission
Therefore, along with bailiff enforcement, the funds will be subject to:
- Compensation and severance pay,
- Awards for the jubilarians
- Additional salary, e.g. thirteen,
- Payments for unused paid vacation
However, it is worth remembering that despite bailiff’s seizure, cash rewards – in contrast to basic pay – are collected in accordance with the provisions of the Labor Code, with the exclusion of the amount free from seizure!
How much can a bailiff take?
You already know that in accordance with the provisions of the Labor Code – cash prizes, in the form of bonuses, supplements or thirteen are collected taking into account the amount free of attachment and the minimum wage. Which means that in a given month the salary plus additional remuneration in the net amount will be added up and then divided in half. And that’s just the half of the bailiff he was taking.
How can you find out about the deduction of cash benefits? The fastest, with the so-called a bar that every employer should give to each employee. Ba – even to those to whom remuneration is sent to a bank account! In addition, you will find there information not only about the payment, but also about the amount of health insurance, sickness, social or pension insurance contributions and any deductions.
Remember! Any cash prizes, discretionary bonuses or “additional” holiday measures are part of the remuneration and are always subject to deduction – up to 50% for non-maintenance debts and 60% for maintenance debts.
You can not avoid deductions!
If you are dreaming about an unruly plan to circumvent the law, we must worry you. The employer paying employers any form of remuneration is obliged to account for it – and so to post, which is unfortunately associated with the need to deduct funds for the benefit of the creditor.
In summary – the bailiff has the right to execute, practically from any source of income. However, it can never work to the detriment of leaving the indebted party without a livelihood.