Bailiff enforcement is the most serious consequence of avoiding repayment. Indebtedness that, despite previous creditors’ interventions, has not been settled, may result in the case being brought to court. Based on the issued decision, the bailiff acquires the right to enforce debts by seizing the debtor’s assets. What can the bailiff take and is he authorized to enter the apartment without notice?
After issuing the decision to initiate bailiff enforcement, the bailiff first tries to cover the needs of creditors by seizing the bank account. However, the accumulated cash is not always sufficient, which is why the next stage is the attachment of assets for debts.
The case is complicated because the bailiff has the right to enter the apartment without the consent of the owner, and even in his absence. This is because he will be looking for assets in the place where the debtor resides. So it doesn’t matter if it is a rented or owned property.
Can a bailiff take care of things that do not belong to the debtor?
If the bailiff’s execution can be carried out in the absence of the debtor or the owner of the apartment, what about the assets taken for debts? According to the law, after a bailiff has been inspected, he can take valuable items that will be transferred to pay off their liabilities after the sale.
It is, therefore, possible that the bailiff will secure things that do not belong to the debtor if he does not know whose ownership they are.
The owner can apply for their return because he is entitled to an anti-protection action, which he is entitled to refer to within 30 days. To prove that the property seized by the bailiff is his property and does not belong to the debtor, the owner of the movable property must show invoices, bills or call witnesses.
What can a bailiff take?
The value of the property seized must correspond to the amount of debt. In the event of serious obligations, the bailiff even has the right to seize and cash in property belonging to the debtor. In addition, valuable movable property such as home appliances, electronics, electronics, and vehicles may be subject to bailiff attachment. However, it is not allowed to take:
personal belongings of the debtor,
subjects necessary for work and study,
The bailiff may also not take items that are part of the livelihood of other family members. These include, for example, food, fuel and cleaning products.
What else do you remember?
Debtors often do not know what their rights are during the bailiff’s execution. Although the bailiff may enter the house in the absence of the owner, he must provide a letter announcing the visit beforehand. If you feel that the bailiff has exceeded his powers, you have the right to file an anti-enforcement action.
However, it is always worth negotiating repayment terms with creditors and try to find the best solution for both parties to avoid unpleasant bailiff execution.