How to deal with debts when the bailiff knocks on the door
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When a bailiff arrives at our apartment, it is usually too late to negotiate. This is, of course, due to the fact that the bailiff is already obliged to comply with the judgment that was issued by the court. However, this does not mean that it is not worth taking the trouble to talk to a bailiff. If we approach such a conversation in the most factual and calm way possible, we will make it a little easier for ourselves to go through this difficult situation. So if you’re wondering how to deal with a bailiff knocking on his door, this article will answer that question.
The judicial officer is one of those professions that does not enjoy much popularity among the public. Many people then think that any problem with the bailiff is unresolved and that there is nothing to talk to, but that it is a mistake to think about it.
However, it is important to be aware that the conversation with the bailiff actually starts with the letter correspondence. Avoiding receiving letters will not have a positive effect, so do not take similar steps.
First contact with the bailiff
As mentioned above, everything starts with an exchange of correspondence. The first enforcement action that a bailiff takes is to send a notice to the debtor that enforcement has been initiated.
This document contains very important information for the debtor. These include who is claiming his claim and why, who is the subject of the enforcement proceedings, how much is owed, what possibilities the creditor has offered for enforcement and at what stage, as well as information on the letters of formal notice.
Correspondence sent by the bailiff should be collected from
Some debtors avoid receiving letters that the bailiff sends to them. This is a big mistake, because it limits the possibility of taking appropriate steps, for example, as to whether the enforcement proceedings that have been initiated actually concern their debts.
Sometimes the arrears may belong to another person. This means that it is possible that it is not the debtor who pays for them, but the fraudster who uses his personal data.
However, even if it can be established that the debt is the result of illegal actions by a third party, the creditor can still recover his funds, which will result in the enforcement being directed against the person who has been the victim of fraud anyway.
If you are in a similar situation, you will need to be in constant contact with the bailiff. This gives the opportunity to take appropriate action to defend the victim and to avoid the consequences for the victim. The bailiff is not obliged to check whether the debtor is really guilty. When a bailiff receives an application for enforcement from a creditor, his task shall be to proceed to such action.
It is important for both the creditor and the debtor to know what stage the enforcement proceedings are at. Such information is included in the letters sent to us, so collecting the mail enables the entity to take legal action. In some cases, this may result in a reduction of the fine or a total avoidance of enforcement action.
What should I do about when talking to a bailiff?
There are a few important things you should be aware of before you start talking to the bailiff. This approach will minimize the possibility of potential disputes with the officer, which will significantly save our valuable time.
First of all, it is worth knowing that assuring the bailiff that the debtor is not guilty of the debt that has arisen will not help. It is also not worth making a demand for discontinuance of bailiffs’ proceedings or convincing that the debt has already been paid. Such an attitude will not produce a good result.
It should be known, however, that the bailiff does not have the right to broadcast information on the validity and enforceability of an obligation that has been the subject of an enforcement order.
This means that even if the bailiff wanted to, he could not question the basis on which the execution order was issued. All the more so, it cannot challenge this issue or halt its proceedings.
There are other forms of defence against execution. If it is reasonable to assert that a debt which has been the subject of an enforcement order has already been paid or is the result of an illegal act by a third party, the debtor shall have the right to enforce his rights by means of an action against the enforcement officer.
However, this is a separate issue which the bailiff himself has nothing to do with. Of course, it is also worth remembering that the debtor is entitled to file a complaint against the bailiff’s actions.
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How to deal with debts when a bailiff knocks on a door
