It should be remembered that most debt collection companies operate in accordance with the law. However, among them there are also those that can effectively make the debtor’s life difficult. In accordance with applicable regulations, other forms of pressure other than those presented above are not allowed and are called crime. When you hire a debt collection agency then you need to be sure for the followings
In that case, what can a debt collector do? As you can see, very little. Each of his actions is precisely defined by law. Breaking either of them could result in a prison sentence. Therefore, any manifestation of a violation of personal inviolability, the debtor should report to the Police or file a suit to the district court for the violation of personal rights. Not only that in civil proceedings the injured party may claim damages! In the event of a breach, he may also require the person who committed the breach to complete the steps needed to remove its effects, in particular to make a statement of the appropriate content and in the appropriate form 3.
Bailiff when debt collection activities will come to nothing
Let’s move to the powers of a bailiff, whose actions are much more extensive and restrictive. His tasks are described in detail in the Act on Bailiffs and Bailiffs Execution. According to its provisions, it must act in accordance with the law. Otherwise, he faces disciplinary responsibility a warning, a reprimand, a fine and ultimately expulsion.
His task just like the debt collector’s is to recover the debt in the form of cash or to seize what is its equivalent in cash! However, before it can do so, it must have an enforceable title in its hand, i.e. a final court decision. It may be a notarial deed or invalid judgments. Bailiffs cannot start without these documents!
What can a bailiff do?
The tasks of the bailiff are specified in art. 3 of the Act on Bailiffs and Bailiffs Execution 6 . So maybe:
- Enforce court rulings on monetary and non-monetary claims
- Manage provisions to secure the inheritance or draw up an inventory
- Perform tasks specified in other laws
- Perform also other enforcement titles and enforcement titles, which are subject to enforcement
- At the court’s order personally serve court notices, pleadings and other court documents
- At the request of the auctioneer he has the right to control voluntary public auctions
Bailiff enforcement how’s it going?
First of all, it should be remembered that the bailiff’s enforcement is aimed at enforcing the obligations due to the creditor. Therefore, the enforcer cannot decide for himself what he will take and what he will leave for the debtor. It is the creditor and the court who decide what items are confiscated. Therefore, the bailiff’s possibilities are limited by law.