How to enforce money from your debtor ?
Very often friends may ask us to borrow a certain amount of money. Usually such a request is made by friends, or the family itself. This is certainly a better solution than a loan, because they take and repay the same amount. So the question: how to enforce the money from your debtor?
But what if the exemplary debtor, despite our requests, and the fact that we are waiting all the time for repayment, does not intend to give us the money at all. As it turns out, if we do not have any document that would confirm that our friend took something from us, then it is difficult to prove anything to someone. Therefore, we must keep in mind that written agreements are an important element that certifies officially that such a loan actually took place. However, what if we do not draw up such a contract? Many people forget that an oral contract between two parties, is also as reliable as possible, so the person is forced to pay.
However, if despite the knowledge and promises that the person will pay us back, he does not do so. Then we must take the best solutions, which already involve more legal action. However, in order to do anything about it, we must have an enforceable title, in other words, a final court judgment certifying that the debt can be enforced. Such a clause is obtained primarily in the civil division. This is entirely an action against the debtor, who has repeatedly avoided responsibility.
Submission of the application
The case, of course, in accordance with Polish law, will be handled by the court, which will have to familiarize itself with the case in order to be able to fully determine the guilt or innocence of the debtor in question. For this purpose, witnesses are also questioned, if there were any at the time when the debtor incurred some financial obligation with us. If there is already a verdict in our favor, then we can seek swift enforcement of the debt. We have the choice of any bailiff, there are no particular restrictions here. We can use any authorized person throughout the country. However, the fastest procedure will be to choose someone who is located in our town or neighborhood. Then the procedure starts faster.
In the later application, we must include the full amount to be enforced by a given debt collector from the debtor. Of course, you still need to choose the method of enforcement, the easiest way is if the debtor has a permanent job, or a pension regime, then the bailiff seizes part of his income, although equally well, it may be some material thing.
Often, however, we do not know the financial situation of the debtor, so in such a case the bailiff usually looks for certain things that belong to him, this is known as a search for valuable assets. If I don’t know what to go for, after all, we can choose several ways, it doesn’t have to be just one. In this way, the bailiff will find everything of value, and there is a better chance that we will finally receive our debt. However, the creditor should be kept informed all the time about the progress of the debt enforcement case. If we have already won the case and indeed the execution comes to fruition, we will certainly be the first to know about it only then the debtor, it is already the final decision in which the bailiff proceedings end. Often in connection with the fact that the debtor has paid the financial obligation in question.
Perhaps a better settlement
Therefore, the debtor is always looking for an alternative way out, especially if the ground starts to burn under his feet. Then he is able to go for any kind of settlement. For us creditors, it is necessary to compromise, because court cases have the property that they can take a long time. This does not affect us well, because we have to drag ourselves through the courts. So bailiff enforcement is the final and most effective solution available to us. However, there is not always anything to collect money from, and then how do you enforce the debt from your debtor? The debtor then goes unpunished, and the case is simply dropped, for lack of ability to enforce the debt. Fortunately, with the right tactics, you will get your money back.
