Compulsory bringing the debtor to a court hearing
One of the privileges of the creditor is the guarantee of state assistance in pursuing his claim through the use of state coercion. The application for bringing the debtor is an 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.
Compulsory bringing of the debtor - in what situation?
Well, in the course of the pending enforcement proceedings, the creditor may submit an application for disclosure of the debtor's assets to the court. The court (if it accepts the creditor's request) calls on the debtor to submit a detailed list of assets, receivables and other property rights he is entitled to, and to make a solemn promise on the authenticity of this list. The debtor is obliged to appear in person when summoned by the court, and if he does not do so and does not justify his presence, and also if he does not submit a list of assets or refuses to answer a question or does not make an oath, he must take into account the consequences, which include: penalty fines, forced removal, arrest (not exceeding one month).
Of course, the debtor will be informed in advance about the consequences of non-appearance or non-disclosure of assets. A court decision imposing a fine or detention may be appealed against, and if the debtor performs the action he or she was obliged to perform or if the enforcement proceedings against him is discontinued, the fine that has not been paid by that time is also discontinued.It is worth adding at this point that the creditor also has the right to submit an application for compulsory bringing to court.
Compulsory bringing in the debtor - what next?
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 the court, the court may demand that the debtor be brought to court for the purpose of submitting 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.
If the creditor did not participate in the court session at which the debtor submitted a list of his assets, he has the right to request the debtor's summons to ask him questions about the property, to detect items essential for further enforcement. In this case, the debtor's failure to appear, refusal to respond or refusal to make another promise has the same consequences as described above.
If there are several creditors, the debtor is required to submit a new list of assets and a promise each time, at the request of the same or another creditor, if 1 year has elapsed since the promise was made or the coercive measures were exhausted.