How to win with a debt collector?
Our Law Office team offers legal assistance also in enforcement proceedings. These proceedings are called bailiff proceedings, which results from the fact that they are conducted by a bailiff. Anyone who has a so-called enforcement title, that is, a valid court judgment, to which the court has issued a declaration of enforceability may initiate an enforcement proceeding. Of course there are exceptions from this rule. The most popular enforcement cases are matters for payment, regardless of what title the claim was made. This may be a payment resulting from a VAT invoice, adjudicated maintenance, or even the payment made by the court from one person to another, following a division of inheritance from a deceased relative. The court bailiff does not examine during the enforcement proceedings due to which title the given receivables were created. It verifies only if the documents provided to the bailiff’s office meet certain conditions and whether he can conduct enforcement proceedings on their basis.
Our clients often ask what can be carried out? This question is covered by the provisions of the Code of Civil Procedure, and the legal advisor, when directing an enforcement application to a bailiff on behalf of his client, indicates to him which of the debtor’s assets is to be subject to enforcement proceedings. What if the debtor hides his property or the bailiff is unable to determine the composition of the debtor’s assets? The provisions provide for such a situation. Each of the creditors who has not been satisfied in whole or in part as a result of enforcement proceedings may apply to the court for disclosure of the debtor’s assets. Following such a motion, the court appoints a meeting and calls on the debtor to “confess” to not only his property, but also facts that may indicate that the debtor has lost his property, which contributed to his insolvency.