Enforcement of monetary claims
This is a bailiff’s primary duty. By submitting an application to a court bailiff together with an enforceable title, a creditor may request enforcement of the amounts specified in that title.
Enforcement may be carried out by the following methods:
- enforcement against movable property,
- attachment of earnings,
- attachment of bank accounts,
- attachment of receivables,
- enforcement against other property rights,
- enforcement against real property,
- simplified enforcement against real property.
Inventory of an estate
An inventory of an estate is a document prepared by a court bailiff. It is an official document that provides a guarantee of the accuracy of the information it contains. An inventory is necessary for an heir to fully benefit from acceptance of an inheritance with the benefit of inventory, meaning that liability for any debts of the deceased is limited to the value of the inherited estate.
Interim security for claims
Before obtaining an enforceable title, an entitled party may apply to a court bailiff for interim security for their claim.
An application for interim security may be made where the entitled party holds:
- a court order granting interim security, bearing an enforcement clause,
- an order for payment issued in order-for-payment proceedings (Article 492 of the Polish Code of Civil Procedure),
- a European Account Preservation Order.
The commencement of interim security proceedings by a bailiff protects the interests of a prospective creditor until the dispute with the opposing party is resolved.
Report of facts
A report of facts records the existing state of affairs. It is an objective description of a thing, event or fact, such as the area of a property or the precise location of movable property. It has the status of an official document and may be used as evidence in court proceedings.
Statutory duties
Under Article 3(3) of the Polish Act on Court Bailiffs, bailiffs are entrusted with the following duties:
- enforcing court judgments in cases involving monetary and non-monetary claims and providing security for claims, including European Account Preservation Orders, subject to the exceptions set out in the Act of 17 November 1964 — the Code of Civil Procedure (Journal of Laws of 2018, item 155, as amended);
- enforcing other enforceable titles and enforcement titles that may be enforced by judicial enforcement without an enforcement clause;
- executing orders to secure an estate or prepare an inventory of an estate;
- performing duties laid down in other statutes.
In addition to the duties set out in paragraph 3, a bailiff performs the following activities:
- at the request of a court, personally serving court notices, pleadings and other court documents directly on the addressee, obtaining confirmation of receipt and recording the date;
- preparing a report of facts;
- at the request of an auction organiser, providing official supervision of voluntary public auctions in which the lowest or highest bid is accepted.