Thursday, 17 July 2014

The bailiff and debt collector

Often it turns out that in the opinion of many people, the concept of recovery is tantamount to the issue of enforcement proceedings. It stereotypes and nothing more wrong. The differences are very important, because the debt collector has nothing to do with the bailiff.

To explain who the debt collector, and who bailiff and show the differences between the two phases must be submitted claims from debtors.

The creditor has the choice of two paths to the proceedings: judicial and non-judicial. Extrajudicial procedures, known as vindication, is to take steps to enforce the recovery efforts of the debtor's liabilities. In the case of persons who have loan or credit debt is the first step toward recovery stemming from the credit / loan.

The role of debt collection company is to achieve a settlement with the debtor,

and recovery of receivables is a debt collector. Debt collector may be a person employed under a contract of employment, job, or running their own business, having no special powers as are granted by law to the bailiff. The main task is to mobilize debt collector debtor to repay the debt. Debt collector acting on behalf of the creditor. Already a delay in the repayment of credit can lead to initial recovery actions. Then we are "bombarded" phones, or get the exchange of correspondence with the letters of reminder to pay. If you do not make contact with the creditor, we can expect debt collector visit our place of residence.
Remember, we should as soon as possible to negotiate and talk about an amicable solution to our problem with repayment. Often, however, that the debtors do not receive phone calls, or do not open correspondence with fear, or think that the financial institution forget about your debt.

What debt collector may not:

       - Deal or write down the assets of the debtor,

- To enter the property of the debtor without its consent,

- Talk about the debt of the debtor with others, such as neighbors,

- Hanging out information about the indebtedness of the debtor in public places, such as on the chest


- Communicate information about the debt of the debtor in the workplace,

- Violate the personal rights and personal dignity of the debtor, for example, intimidate, threaten, harass,

use of force,

- Transmit false information as to the consequences of defaulting on the debt, for example,

relating to deprivation of liberty.

The services of external debt collection companies, whose task is to recover the debts, often use, among others, financial institutions. It happens, however, that debt collection agencies buy debts from financial institutions, borrowers and then recover them from debtors for their own account. In general - if the debtor wants to cooperate - the collection agency is not expected to repay the debt in full, but suggests payment in installments commitment. If the actions taken by the debt collector fails, he may apply to the court, and after obtaining a writ of execution request execution to a bailiff. It is important to note that debt collection company claim is not time-barred. It may be that unfair debt collection companies use the ignorance of the debtors on the limitation of actions, in order to obtain payment of overdue debt. Let us remember that as the supply of temporary loans expire after 3 years, but if we consider the debt, the limitation period is extended to 10 years

Regulations supporting debt collector action are the rules of the Code of Civil Procedure, Administrative Code, the Code of family and caring, bankruptcy, etc..

If the recovery fails, the final step is the execution bailiff bailiff conducted by:
       - Bailiff in contrast to the debt collector is a public official at the district court,

- The bailiff is the provider of enforcement actions in civil matters, but also performs other activities transferred on the basis of separate regulations,

- Bailiff shall initiate enforcement by a creditor after a writ of execution bearing on the feasibility of such a clause: (a court ruling, the bank Enforcement)

- Bailiff can enforce, inter alia, of the debtor's income (salary, pensions ...), bank account, chattels (car, consumer electronics, home appliances) and real estate (house, apartment)

-bailiff has the right to compel the open door of the apartment or company search the premises,

- The bailiff has the right to seek the information necessary to conduct the enforcement of, among others, : Public authorities, tax authorities, pension authorities, banks, cooperative credit unions, business organizations, housing associations, boards of housing communities and other persons and institutions participating in the proceedings.

Enforcement proceedings entail additional costs will be charged to the debtor. Bailiff action specified in the Act of 29 August 1997 on court bailiffs and enforcement. Regulations supporting the execution bailiff are provisions of the Code of Civil Procedure. In performing its duties, the bailiff should first comply with all applicable laws.

The bailiff is entitled wider powers and privileges, which does not have a debt collector. It happens that both the debt collectors and bailiffs act in accordance with the regulations. Then, in the case of abnormal bailiff action, we are entitled to bring a complaint to the district court bailiff.

On the other hand, with respect to debt collection activities when you exceed your rights should immediately inform the police or the prosecution. In addition, if your business debt collection agencies violate the provisions of consumers have a right to defend itself against such activities by notifying the Office of Competition and Consumer Protection which prohibits collection agencies practices violate the law and inflicts the punishment.

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