News

2010 Reduction of the debt collector’s fees

On June 17 the amendment of the Act on court bailiffs and enforcement (OJ No 40, pos. 228) entered into force. It gives debtors more power: they can apply for a reduction in bailiff fees.

First of all, the amendment extends the lower, 8-percent, rate of bailiff remuneration, collected to date from the recovery of debt from a bank account and work remuneration on social security benefits and paid pursuant to the provisions on promotion of employment benefits for the unemployed. In addition, a minimum threshold for the fee is reduced from1/10 to 1/20 of the average monthly salary (i.e. to about 130 zł). It should be noted that the the basic fee is 15 percent, but in practice 8-percent is used more often.

After a few years restraint of bailiff fees was reinstated. The new procedure involves the debtor’s request of a reduction in the amount of fees (at the execution of cash benefits). The court will have the power to reduce the fees, taking into account, in particular, the workload made by the bailiff, and the debtor's financial situation, his/her revenues (article 49 paragraph 10). The motion must be lodged within seven days from the date of obtaining information about download charges or receiving the bailiff’s decision on paying them. To the motion shall apply respectively articles 767 - 7674 Civil Procedure Code, i.e. the complaint against the bailiff’s actions.

To examine the motion (in the same way as the complaint) is the competent district court in which a bailiff operates. The motion should meet the pleading requirements (therefore, the names of the parties, reference symbol of files, etc.) and also indicate the requested change (in this case, the bailiff's decision on costs).

To examine the motion (in the same way as the complaint) is the competent district court in which a bailiff operates. The motion should meet the pleading requirements (therefore, the names of the parties, reference symbol of files, etc.) and also indicate the requested change (in this case, the bailiff's decision on costs).

To examine the motion (in the same way as the complaint) is the competent district court in which a bailiff operates. The motion should meet the pleading requirements (therefore, the names of the parties, reference symbol of files, etc.) and also indicate the requested change (in this case, the bailiff's decision on costs).

The originator of the restoration of the restraint of fees was a Ministry of Health, as very often the executions of hospital substantial hospital amounts of debt happened at relatively low workload on the part of the bailiff. The idea was supported by the parliament. Bailiffs are opposed to it, but not just them.

Attorney Katarzyna Urbanska, Director of Legal Department of the Polish Confederation of Private Employers - Lewiatan, recalls the position of the organization: the fact that some firms of bailiffs achieve high income from the enforcement of hospital debts, does not justify the introduction of solutions that harm the bailiff's execution in its entirety. In order to protect hospitals specific solutions should be introduced.

Kancelaria Prawna 90-060 Łódź, ul. Nawrot 4/1, tel./fax +48 /42/ 630 58 41, tel. +48 /42/ 632 51 44, kancelaria@b2blegal.pl
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