Below we present the key legal provision that every debtor should read before enforcement proceedings. Article 829. Restrictions on the Objects of Enforcement, Code of Civil Procedure.
Know the law before enforcement proceedings
The list of goods that a bailiff may not seize during enforcement proceedings is set out in the aforementioned Article 829, Restrictions on the Objects of Enforcement, Code of Civil Procedure. Subsections 1 and 2 are the most important for most of us. According to their wording, the following are exempt from enforcement:
“household items necessary for the debtor and the members of their household, in particular a refrigerator, washing machine, vacuum cleaner, oven or microwave oven, a hob used for heating and preparing meals, beds, and a table and chairs in the number necessary for the debtor and the members of their household, as well as one light source per room, unless these are items whose value significantly exceeds the average value of new items of the same type; bedding, underwear and everyday clothing in the quantity necessary for the debtor and the members of their household, as well as clothing necessary for performing service or carrying out a profession.”
Subsection 3 concerns supplies of food and fuel, that is, goods necessary for the debtor and family members dependent on them. It should be noted that these supplies must last for one month.
Subsection 4 may seem amusing to most of us, but it is extremely important for farmers and people running farms. According to it, the following may not be seized:
- one cow, or two goats, or three sheep,
- a supply of feed and bedding until the next harvest.
Naturally, this applies if they are needed to provide food for the debtor and their family members.
People engaged in gainful activity must also remember subsection 5, which limits the seizure of items such as:
“tools and other items necessary for the debtor’s personal gainful work, as well as raw materials necessary for them for production for a period of one week, excluding motor vehicles.”
For example, a freelancer needs a computer to complete assignments. Therefore, it may not be seized by a bailiff (find out more, what a bailiff can take from a rented apartment – expert Rafał Wojtyna advises). Nevertheless, an independent sales representative may lose their car if they travel to clients within the same city, because they can use public transport. A car may be protected only when, for example, it belongs to a taxi driver, because it is the main tool enabling them to perform their professional duties.
The list should also include, among other things:
- medicines
- scientific materials
- personal documents
- decorations
- items used for religious practices
- everyday items that could be sold for an amount below their actual value but have significant practical value for the debtor
- items necessary because of a disability of the debtor or members of their family.
Restrictions on the Seizure of Benefits
In addition to the list of items above, we can add a list of financial benefits under Article 833 § 6. These include:
- maintenance payments
- 500+
- family, childbirth and orphan benefits
- caregiver allowances
- social assistance or child-raising benefits.
It should be remembered that every situation is individual. Debtors are usually resourceful, while bailiffs are distrustful. It is therefore unsurprising that they may have doubts about the honesty of debtors whose assets they are attempting to seize. It is therefore worth knowing your rights and understanding how to respond in the event of abuse by an enforcement authority.