Debt recovery is not a simple matter. All the more when the debtor is hiding abroad. Is there a chance to receive money in this situation? Or maybe you have to accept their total loss?
Debts are not surprising – many of us have them, for example in the form of loans. However, the matter becomes more complicated if we do not pay them regularly. The problem is also the situation when we borrowed money, rendered services or provided property, but we did not receive payment for it. Then there is nothing else but to demand the debtor’s money.
When the debtor lives permanently in the country, then the procedures related to the recovery of money are not so complicated. However, the stairs begin when the debtor goes abroad and we have difficulty contacting him to get back the money.
What to do when the debtor went abroad, but left the property in Poland?
When the debtor has property that has been left in Poland, then we can refer the case to a Polish bailiff. Of course, before we should report the case to the court and obtain the enforceable title, ie a court document stating that there is an obligation to pay the amount and including an order to pay that amount. The enforcement title must also have an enforcement clause.
We provide such a document to a selected bailiff who can also look for the debtor’s property in Poland. When he finds it, he can carry out the execution of this property, for example, it can be a property like an apartment or a house, movables, for example, an apartment, a car. Bailiffs’ enforcement may also be carried out with funds on the debtor’s account, but most often after his departure abroad, the accounts are empty and no payments are made.
But what should we do in a situation where the debtor has made sure that no part of his property is left in Poland?
When the debtor has no property in Poland
In the event that we can not execute the property of a debtor who has been left in Poland, we should try to obtain the so-called European Order for Payment or the European Enforcement Order. These documents allow the creditor to enforce the judgment also in other countries belonging to the EU community, without the need to initiate another court proceeding.
How can we get such a document? Applications for a European Enforcement Order or European Order for Payment shall be submitted to the court that issued the decision. Consideration of our application should take place up to 30 days and then, when everything goes well, such an order is issued.
After issuing the order, the court is tasked with delivering it to the defendant. We must also go to a court bailiff in another country to initiate enforcement proceedings there. The rules applicable here are already different depending on which country the debtor is currently in.
More information related to the proceedings in selected Member States can be found on the websit, which was established as part of the EU cooperation of Member States in a project created with the participation of Polish bailiffs.