Polish law regarding bailiff operations is subject to various changes. The latest amendments have been introduced very recently. The most important, however, is that the amounts free from bailiff seizures have increased significantly. Still other provisions, good for debtors. What?
Bailiff limits – the most important modifications
First of all, it should be noted that the bailiff can seize money from various sources. This means that the receivables will be collected from both remuneration for work and pensions. However, it was agreed that only a certain part of the funds could be collected to pay off debts. It turns out that the official has certain standards. They are determined by the upper limit of attachment and the amount free from bailiff’s execution. Their values increased this year. This, in turn, means that there is greater relief for those in debt. What caused these changes? Regulations introduced by the Ministry of Labor and Social Policy have a significant impact on this situation. According to them, the minimum wage is $ 2,000 gross today. The amounts awarded for the lowest old-age pension and total incapacity for work also increased. How much remains then after paying the creditors’ claims?
What amount of full-time remuneration can be seized?
Regardless of the amount of unpaid receivables, only part of the funds obtained for work may be allocated to them. All regulations in this area are described in Polish law. More on this topic was written in the article Bailiff Classes 2017. How much can a bailiff take from his salary? Among other things, there is data that full-time employees must expect the bailiff to take up to 50% of his salary. Importantly, this amount can be up to 10% higher if you collect funds to pay maintenance. Fortunately, a minimum rate for work is secured against the bailiff’s procedure, which today amounts to $ 1,459 net. It is over 100 zlotys higher than in 2016. The latest regulations also apply to part-time employees. They can be calm that bailiffs will not be subject to what they receive for their work.
Those who work under civil law contracts are in a much worse situation. They must take into account that the full amount of remuneration received may be attached. It is a little different when this money is the only source of income. Then the bailiff has the right to apply the provisions of the employment contract. However, you must then provide him with the relevant documents confirming your income details.
Pension and retirement – what amounts are in bailiffs?
The changes we are describing here also include retirees and pensioners. It turns out that the act signed by the President of the Republic of Poland on December 6, 2016 guarantees greater relief for the groups described. The amount free from seizure of bailiffs reaches 75% of the minimum old-age pension and disability pension. These arrangements will apply from July 1, 2017. Until then, funds free from bailiff seizures are only 50%. It turns out, therefore, that along with July 1, the life of those in debt will become somewhat easier. This also applies to pensioners who receive money due to partial inability to work. They receive $ 750 per month for their benefits. They will keep $ 375 until the end of June, and on July 1 they will receive just over $ 562. However, the rules for pensions awarded from the Social Insurance Fund do not change. In this case, 25% of the amount of the benefit is available to the bailiff, regardless of its type.
How much money can a bank account take from?
Regarding bank account classes, new provisions have been introduced. They entered into force in September 2016. Earlier, the amount of attachment could be three times the average monthly salary in the enterprise sector. Data on this subject is each time determined by the CSO. Last year, the amount was $ 12,304.08. Currently, the attachment can be $ 1,500 gross monthly. It is independent of the number of concluded contracts, which constitute a source of income. Therefore, it refers to time, savings, savings and settlement accounts and deposits. For more information on this topic, see What’s next with bailiffs? Amendments to the Bailiffs Act 2017 . All restrictions that have been introduced are intended to provide the debtor with a certain existential minimum. The amounts in question are to enable settlement of all arrears accumulated on several debtor’s accounts. This enforcement privilege provides funds for subsistence during the proceedings. It is also known that the interest of this person cannot be higher than that of creditors. That is why it is balanced properly so that neither side suffers.
It is worth knowing the deduction limits and amounts free from bailiff’s enforcement. You are then aware of what rights the debtor has. Thus, you have substantive knowledge that will be useful during negotiations with the bailiff.