Warning! AUTOMATIC TRANSLATION FROM POLISH LANGUAGE
- Bailiff’s Enforcement: When Your Home Becomes a Bargaining Chip
ATTENTION! automatic translation from Polish
Bailiff’s enforcement is a stressful and complicated procedure that can affect anyone. It’s important to understand the debtor’s rights and the legal tools available in this process.
The creditor, the entity initiating enforcement proceedings based on a legally binding enforcement order, indicates the methods of enforcement in the application.
One way to collect the creditor’s debt covered by the enforcement order is to enforce the property occupied by the debtor. It must be admitted that the prospect of losing the home, which is the center of the debtor’s and their family’s lives, is particularly painful for the debtor.
Foreclosure on real estate is a multi-stage enforcement procedure. First, a note about the pending enforcement is entered in the land and mortgage register, and then the bailiff describes and appraises the property to obtain a real estate appraiser’s valuation for the auction. The first and, if necessary, a second date for the property auction is then set. However, not every debt can be satisfied by selling the property occupied by the debtor at a bailiff’s auction.
According to the current wording of Article 952 (1) of the Code of Civil Procedure, the auction date for the property occupied by the debtor is set at the creditor’s request. However, the creditor is entitled to file a motion to set a date for the auction of this property if the amount of the principal debt being enforced is at least equivalent to one-twentieth of the appraised amount. This means that the creditor must have a principal debt of at least 20% of the value of the property subject to the appraiser’s valuation.
If bailiff enforcement is pending against us, it is worth considering the possibility of seeking the assistance of a professional attorney.
Appointing a professional attorney in enforcement proceedings provides significant support to the debtor throughout the proceedings. A lawyer will oversee the proper conduct of the bailiff’s proceedings at every stage of the proceedings, also ensuring that the property valuation ordered by the bailiff is not performed to the debtor’s detriment.
Bailiff enforcement is a difficult time, but the debtor doesn’t have to face it alone. It’s important to know your rights and seek professional legal assistance to best protect yourself and your family.
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