Debt repayment without the bailiff

The amount of the enforcement fee and debt repayment without the bailiff

According to the Act on Bailiffs and Enforcement, the bailiff undertakes enforcement actions against the debtor against payment of a fee. According to Art. 49 of the above Act, the bailiff charges a fee of 15% of the value of the enforced benefit, but not less than 1/10 and not more than thirty times the value of the monthly remuneration. Let's check whether the debt repayment without the bailiff is more advantageous than pursuing rights in court.

Debt repayment without the bailiff

If the debtor decides to avoid enforcement proceedings, he may conclude a settlement with the creditor for voluntary repayment, directly to his hands (i.e. the debt will be repaid without the bailiff). In such a case, the creditor requests that the enforcement proceedings be discontinued. This is an additional benefit for the debtor, because the fee that the bailiff will charge will be lower and will amount to 5% of the receivables that were to be enforced by him. On the other hand, when the payment of the creditor has been completed prior to the delivery of the letter on the initiation of the proceedings, the bailiff should only pay a proportional fee of 1/10 of the average monthly remuneration.

What happens when we pay off the creditor and the creditor does not apply for discontinuation of the proceedings?

In a situation where the creditor does not apply for the discontinuance of the enforcement proceedings, and it will be done ex officio, Art. 49 of the Act on bailiffs and enforcement, which provides that in the event that enforcement proceedings are discontinued for reasons other than those indicated in para. 2, the bailiff does not charge a fee for that part of the benefit that has not been enforced. In this case, the bailiff has no right to demand any fees from the debtor, as no amount has been enforced by him.