How Much Does The Bailiff Have To Leave On The Account?
Certainly none of the debtors wants to bring about a situation when the debt collector gets interested in his commitment and the case goes to court. The creditor can, in this way, pursue his claims. However, if this happens, and the justice system gives a judgment unfavorable to the indebted person, he or she corresponds with all his or her property. However, it turns out that the bailiff’s actions are limited by specific legal provisions. Where is the border going, how much can a bailiff take and what is the situation of people who earn little money or get a pension?
A court bailiff is a public official who operates at a district court. His tasks include exercising court decisions on civil claims by means of enforced enforcement. At the same time, he must be guided by specific legal provisions, which are included in particular in the Code of Civil Procedure or the Law on Bailiffs and Enforcement. He is responsible for his action by the president of the competent district court.
What are bailiff limits?
First of all, pay attention to the fact that the bailiff has the power to seize funds from any sources. It does not matter, therefore, whether the debtor conducts his own business, works on a full-time contract or achieves benefits, for example, from copyrights. All income may be subject to enforcement, of course within the framework of court decisions and within the limits of the law. The latter are closely related to the so-called limits. In practice, this means that an official can only take part of the funds. It is due to the upper amount of the seizure as well as the amount free from execution. In this context, everything depends on where exactly the income of the indebted person comes from.
The basis of the execution
In order for the bailiff’s actions to be fully legitimate and, above all, legal, he must have an enforceable execution order issued by a court on the basis of an earlier decision. This body investigates the whole matter, listens to both the creditor and the debtor. After closing the court, a judgment is made, which is in some sense an instruction, but also a green light for the bailiff. In addition to the remuneration, an official is entitled to take bank accounts, shares or shares in companies, he can also reach for a car, RTV equipment, furniture, and ultimately – when the debt is big enough – for real estate such as a plot, garage, house or flat.
Bailiff’s job a full-time job
The most popular employment relationship in our country is a contract of employment, commonly known as full-time employment. Debtors employed on such terms do not have to fear that the bailiff will take their entire salary. The regulations state precisely that an official can reach a maximum of 50% of his salary, unless it is a maintenance obligation. In the second case, the occupation is up to 60% of the salary. Debtors earning the lowest national rank are in a good position. From March 1, 2017, they retain the entire amount.
Civil law agreements
In a much more complicated situation are people employed under civil law contracts, that is, for a work or a contract. Norms do not provide for any limits or amounts free of attachment in these circumstances. In practical terms, this means so much that the bailiff can reach for the entire salary, even in the case of large earnings. It is limited in this area only by the amount of the whole debt, because it can not reach for more money than was shown in the court’s ruling on enforcement.
What about people who receive a pension, retirement or benefits of that kind every month? The amendment to the act from 2016 introduces considerable relief for this group of debtors. The amount free from seizure bailiffs is in this case as much as 75% of the minimum old-age pension or disability pension. The limit was 50% before the changes. What is important, such rules also apply to benefits obtained under the Social Insurance Fund.
Account lock in the bank
One of the bailiff’s powers, in addition to taking physical items or cash, is to apply for savings or remuneration on the debtor’s bank account. Under the current provisions, the bailiff can take up to PLN 1,500 gross per month, regardless of the source they come from. Speech not only about personal accounts, but also savings accounts and deposits. Such legal regulations are dictated by the need to provide the indebted person with a minimum subsistence level. Thanks to the funds on the account, she will be able to pay at least part of all obligations and lead a daily life.
It’s worth knowing the limits
The issue of bailiffs’ activities is extremely interesting but also variable. The legislator adapts the regulations to the new economic reality. They change almost every year, along with an increase in the minimum wage and pensions. So let’s get acquainted with current norms from time to time. The best way to not have to do this is to pay back your receivables on a regular basis, make sure that you have a deadline and only take out any liabilities that we will be able to repay later.