How to disappear from the national register of debtors?
Entrepreneur, you should know that, contrary to appearances, it is not difficult to find a black list of debtors. It is enough that you are late with the payment and you can be reported to BIG. There are currently three offices in Poland: Debtors Register BIG InfoMonitor, National Debt Register and ERIF Debtors Register. Each of them works independently, on the basis of competition, so they can provide various information about debtors. For an entrepreneur, they can be a good warning tool or a danger on the way to further development. Read our article and you will find out how to solve the problem and disappear from the national debtors list.
How can you get into the debtors' register?
Everyone has the right to enter an entity on the list of debtors who is late with payment of receivables by at least 60 days, and the value of the debt is:
PLN 200 for a consumer,
PLN 500 in the case of an entrepreneur.
Importantly, if the basis for the entry is an enforceable title, i.e. a court judgment or a court settlement with an enforcement clause, the amount and duration of the arrears does not matter. The only obligation is then to provide the debtor with a request for payment by registered mail or in person 14 days before the entry.
How to check if you have entered the debtors' register?
The Act of 9 April 2010 on the provision of economic information and exchange of economic data guarantees that everyone can verify the database of the debtors' register free of charge, but not more frequently than once every six months. This is due to the content of Art. 23 of the aforementioned Act:
|Everyone has the right to access economic information relating to him, stored by the office (...). Access to economic information on consumer debtors is free of charge if it takes place not more frequently than once every 6 months.|
In other cases, access to the register is payable. The fee fluctuates around 0.5% of the minimum remuneration for work established on the basis of the provisions of the Act of October 10, 2002 on the minimum remuneration for work.
Moreover, these databases make it possible to obtain:
a report summarizing all economic data about the entrepreneur in a specific database as of the date of its verification;
a report of people who asked about the entrepreneur in the last 12 months.
How to disappear from the debtors' register?
An entrepreneur who has already entered the BIG list as a debtor may disappear from it on one condition - he must fully repay the debt. Otherwise, it may stay there for up to 10 years. In these circumstances, there are three ways to remove the entrepreneur from the register of debtors.
Full payment of the liability
When the debt is fully repaid, in accordance with the law under which institutions maintaining debtors' registers operate, the creditor provides the relevant bureau with economic information on the fulfillment of obligations within 14 days from the date:
1) submission of the application by the entity to which the obligation relates,
2) from the date of fulfillment of the obligation on its own initiative.
Then, within the next 7 days, the bureau deletes the information requested in the application.
Sale of receivables
If the creditor decides to sell the claim and submits such information to BIG, the entry on the debtor is deleted within 14 days of receiving information from the creditor about the sale of the claim. However, this will not be the case if the new creditor (the buyer of the debt) submits an application for updating the creditor identification data before the expiry of this deadline.
An entry in the debtors database may also be removed "ex officio" after 10 years. According to Art. 31 of the Act on Disclosure of Economic Information and Exchange of Economic Data The bureau removes economic information: (...) after 3 years from the last update, not later than 10 years from the date of their transfer by the creditor.
An entry in the register of debtors may be used as a tool for the enforcement of unpaid receivables for the service provided or the delivery of goods. On the other hand, entry on the list of debtors may cast a negative shadow on the economic development of the entrepreneur.
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