State coercion against the debtor - what is it?


In a situation where, despite the correct notification of the debtor about the date of appearing to the court to submit the list of assets, the debtor does not appear and does not justify his absence, it is possible to enforce obedience by bringing him to court, i.e. state coercion.

When can state coercion be applied against the debtor?

The creditor in enforcement proceedings pursuant to Art. 916 of the Code of Civil Procedure. has the right to apply to bring the debtor to court. The creditor has the right to submit such a request if his debtor does not appear in court without a justified reason and thus fails to submit a list of his assets (disclosure of assets) and fails to fulfill the obligation to make an oath.

State coercion - appearing in court and lack of willingness to disclose assets

What if the debtor comes to court but does not want to disclose his assets? Can such a person also be subject to state coercion? The law also provides for other sanctions that can be applied against the debtor in the event that the debtor did appear on the date specified by the court, but firmly refuses to make the promise or when he does appear but does not want to disclose his assets or refuses to make an oath confirming the veracity of the list of assets. In such cases, the court may impose a fine on the debtor of up to PLN 5,000 or even order the debtor to be arrested for up to 1 month. The above sanctions undoubtedly affect the effectiveness of the institution of disclosure of assets.

In the event that the debtor performs the activities he was obliged to perform or enforcement proceedings are ordered by the court, fines that have not been paid by that time shall be discontinued. Complaints may be lodged against the court's decision on the sentence to a fine and the arrest.

If there is a situation of forced bringing of the debtor, he also has the right to submit the list and promise at any time. Even in the case of serving a sentence ordered by a court, the court may demand that he be brought to court for the purpose of filing the list and making a promise. In such a case, the court is immediately obliged to accept such a list together with the promise and release the debtor.

State coercion and its effectiveness

Guaranteeing state assistance in pursuing his claim by means of state coercion is an extremely effective instrument in the fight against persistent debtors. The application for restitution is a very effective tool aimed at debtors hiding their assets. The vision of impending arrest is a serious sanction, which prompts debtors to try to settle the case amicably.