Application for disclosure of the debtor's assets

In order to proceed with a case for disclosure of assets, the creditor must submit an appropriate application. Such a request may also be submitted by the court (in the event of ex officio enforcement proceedings) and in some cases the prosecutor, non-governmental organization and bailiff. What is a request for disclosure of assets?

What is disclosure of assets?

Asset disclosure is one of the techniques that allows you to obtain information about the debtor's assets. This is an important procedure, as it gives the opportunity to send the disclosed debtor's assets for enforcement. Polish civil law regulates issues related to the institution of disclosure in Art. 913 of the Code of Civil Procedure, which stipulates that in a situation where the debtor's assets seized in the course of enforcement actions do not give a real chance of satisfying the receivables, or if the creditor proves that the debt was not fully satisfied during the enforcement proceedings, he has the right to oblige the debtor to submit an inventory of assets. The list of assets is made by listing the things (assets) and the place where they are located, as well as an indication of his receivables and property rights. The debtor must also make a promise in which he declares that he is aware of his words and the legal liability envisaged, he also ensures the truthfulness and completeness of the list submitted by him.

When can a creditor apply for disclosure of assets?

The creditor may submit such an application in two cases:

1. In a situation where the debtor's property, seized in the course of enforcement, does not provide real opportunities to satisfy the claimed receivables. It is worth mentioning that we may have no real chances to settle the debt when, after carrying out all the necessary bailiff activities (e.g. seizure of movable property, remuneration for work, receivables from a bank account), it turns out that it is impossible to obtain satisfaction in whole or in part. the creditor's claim. It is important that the burden of proof that there is no real possibility of satisfying the claimed receivables rests with the creditor. It should be remembered that before the above-mentioned bailiff seizures are performed, the creditor cannot submit an application for disclosure of assets.

2. In a case where enforcement turned out to be ineffective, i.e. that after the enforcement activities carried out, it was not possible to fully satisfy the receivables claimed by the creditor.

Where to file an application for disclosure of assets?

The application for disclosure of assets must be submitted by the creditor directly to the district court in which the debtor is domiciled or domiciled. There are also no legal contraindications to submit such an application to the bailiff, but this will significantly extend the entire proceedings, because the bailiff will be forced to forward such an application to the Court anyway.

What should the application for disclosure of assets look like?

Like any pleading, the application must meet the general formal requirements provided for by civil law and should also include the following:

• The bailiff conducting the enforcement proceedings, and the reference number of bailiffs' files,

• Brief justification of the application - description in a few sentences of the circumstances justifying the rightness of the application;

• expressly requiring the debtor to be ordered to submit an inventory of assets and to take a promise;

• title of the application - "Application for an order for disclosure of assets and making an oath"

• attachments with a copy and payment of a court fee in the amount of PLN 40.

Submission of an application for disclosure of assets prior to the initiation of proceedings

When deciding to submit an application for disclosure of assets before the initiation of proceedings, the creditor must submit an enforcement title and substantiate in the application that it is impossible to satisfy his claim from the property known to him at the moment, or it is also impossible to satisfy the claim from the debtor's benefits for a period of 6 months.