Law and taxes
3 kwietnia 2019

How long does it take to collect a claim?

One of the most troubling issues for the creditor is the question of waiting time for the debtor to repay the debt. Unfortunately, an unambiguous answer to this question is a very difficult one, as the rate of repayment depends on many factors.

The duration of a full enforcement procedure is affected by many circumstances, including the debtor's financial situation. It is also important to comply with all formal requirements of the enforcement procedure, which in turn impose on the executive body the obligation to comply with specific deadlines before taking further action.

Obtaining the enforcement title

Before a case of unpaid debt goes to the bailiff, attempts are made to resolve the dispute amicably. Only as a result of consistent disregard for amicable proposals by the debtor does the case of unpaid obligations go to court. It is the court that issues the enforcement title, which is the basis for the action to be taken by the bailiff.

The pace of court proceedings also depends on a number of circumstances, including the current occupancy rate. The time taken to obtain a judgment is also extended if the debtor is actively involved in the proceedings, for example by lodging charges against the order for payment. It is assumed that the average time to obtain an enforcement title is up to 2 months.

Initiation of enforcement proceedings

The commencement of the enforcement procedure after obtaining the enforcement title usually requires the submission of an application by the injured party. Exceptions are alimony cases and enforcement titles covering fines, penalties, fines, court fees and costs of proceedings in protective proceedings.

Condition for effective enforcement

When a creditor already has a judgment with an enforcement clause, it is best not to delay the filing of a motion to institute proceedings, because the sooner the judicial officer's actions begin, the greater the chance that the debtor will not have time to dispose of the property - which is quite common practice.

The time taken by a judicial officer to collect a debt from a debtor is not specified by law, as it is impossible to do so. Certainly, the involvement of the creditor, who is the decision-maker in the course of the proceedings, also has an impact on the efficient course of proceedings and it is his conclusions that determine the methods to be used by the bailiff. However, regardless of the resilience of the actions of the executive body, the effectiveness depends primarily on the financial capacity of the debtor. Therefore, the enforcement proceedings may ultimately be closed within one month or last one year or more.

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