It turns out that this differentiation is not clear at all. It is commonly believed that all persons engaged in the debt enforcement process raise fear. For this reason, when the debt collector makes an attempt to establish contact, the debtors panic. The most frequent response is the use of evasion strategy. It is the worst of the possible strategies, since the unavoidable will happen anyway. It is worth knowing that the creditor that is determined to recover the debt is entitled to transfer the receivable to a third party without consent of the debtor. Apart from the cases, in which it would be contrary with the Act, reserved in the agreement or reserved by the characteristic of the liability. Together with the receivable, the acquirer of the debt, in this case the debt collector, acquires all rights connected therewith. On this basis, the debt collector may send letters calling for payment, contact the debtor via the telephone or visit them in person. Nevertheless, these actions may not be pushy, may not be harassing and may not be used for intimidation of the debtor or intentionally mislead them.
The debt collector, acting on behalf of the creditor, is to lead to payment of the debt on the amicable stage, through arrangement of the new terms & conditions as well as payment term. Conclusion of a settlement with the debt collector is in the interest of the debtor as it may save them from submission of a petition to court for issuance of the order for payment and from institution of bailiff enforcement.
It is obvious that the debt collector is not entitled to enter the house of the debtor against their will or to seize their property. But the state officer acting at the court, being the bailiff, has such entitlements. A lot of debtors base on an incorrect assumption that if in practice the debt collector cannot do anything to them, it is not worth talking to them at all.
The bailiff is an enforcement body. On the basis of the order for payment, issued by the court and declared enforceable, they institute the enforcement. They may conduct it in relation inter alia to movables, remuneration for work, bank accounts, real estates, possessed property rights. In the course of the enforcement proceedings, the bailiff may use the compulsion measures. They are the measures determined in legal provisions and relate both to entry in the house of the debtor or in the place of running of activity by them as well as compulsory seizure of assets, which the bailiff may then cash e.g. in the course of a public auction of movables.
Amicable debt collection is a stage, on which the debtor is still the subject of the conducted actions and it means that the further course of action depends on their will to cooperate. In case of bailiff debt collection, the debtor no longer has any impact on the course of the conducted actions. Therefore, it is worth verifying the beliefs connected with the contacts with the debt collector.
Published on: 23 April 2014