October 31, 2019 admin 0Comment

Nowadays, more and more people have bank and non-bank obligations. The amount of debt is constantly increasing. As a result, many people fail to pay all their due liabilities on time.

How can you get help paying off your debt? What happens if the debtor does not take the initiative to resolve the dispute out of court?

Court proceedings

Court proceedings

The creditor may bring an action for payment to the Court. The Court then issues a payment order, which is also sent to the debtor. After receiving the order, the debtor has 14 days to submit an objection to the payment order. If he fails to do so, the order becomes final.

After the payment order has become final, the creditor may submit a request to the Court regarding the issue of an enforcement clause for the payment order. It should be noted here that only a payment order with an enforcement clause constitutes an enforceable title, which in turn may constitute the basis for initiating enforcement proceedings.

Enforcement proceedings

If the debtor still has problems with repayment, i.e. he does not settle his obligations even despite the issuing of an order for payment, then the creditor may apply to initiate enforcement proceedings to the bailiff. The enforcement costs are also high and the debtor is responsible for paying them (enforcement fee, VAT).

Help in paying off debts

Help in paying off debts

Sometimes, it also happens that people who have problems with repayment of obligations incurred (mainly installments due), are aware of this earlier and try to prevent the case from being transferred to court. It should be noted that this type of procedure is very reasonable, due to the fact that if a given case is already referred to the Court and the action is considered justified, then the debtor will be obliged to bear the court costs, which include the costs of the trial and the costs of legal representation. adjudicated according to prescribed standards.

It is worth emphasizing that the pursuit of an out-of-court solution is beneficial for the debtor, primarily from an economic point of view. You can apply directly to the creditor for help in paying off your debt. You can try to spread your arrears in installments and possibly extend the repayment deadline.

In addition, there are currently many entities on the market that specialize in providing assistance in paying off debts, e.g. in terms of their consolidation. The offer of such companies is addressed to both natural persons and entrepreneurs (including natural persons conducting business activity).

Consumer bankruptcy

Pursuant to the wording of the currently binding provisions, it is possible to declare consumer bankruptcy against a natural person not conducting business activity. However, this is the final situation, which usually occurs after the remaining possibilities of consolidation of debt repayment have been exhausted.