What are the rules and limitations of such enforcement? Can you defend yourself against it? We will try to answer these and other questions in this article.

What is enforcement against remuneration?

Enforcement against remuneration is one of the ways a creditor who has obtained an enforceable title (e.g. a final court judgment) confirming the existence and amount of the debt can pursue payment. It involves a court bailiff seizing part of the debtor’s salary and transferring it to the creditor until the creditor’s claims have been fully satisfied. How much a bailiff may take from a private account is specified in the Code of Civil Procedure.

What are the limitations on bailiff enforcement against remuneration?

The fact that bailiff enforcement against remuneration cannot be carried out without limitations will certainly be good news for debtors. Civil law protects a minimum amount that must remain at the debtor’s disposal to cover basic living needs. This is the so-called amount exempt from deductions, which depends on the amount of the minimum wage.

How much can a bailiff take? From 1 July 2023, the minimum wage is PLN 3,600 gross. This means that the amount exempt from deductions is 75%, or PLN 2,700 gross. The bailiff is entitled to take the remaining 25% from your bank account as part of the enforcement proceedings. An exception applies to maintenance debtors—those who have debts resulting from unpaid child or spousal maintenance. In their case, no amount is exempt from deductions, and the bailiff may seize as much as 60% of the remuneration.

How can you obtain legal assistance in bailiff enforcement cases?

If you are experiencing debt problems and want to obtain professional legal assistance with bailiff enforcement, you can contact a financial law firm. Experienced legal advisers offer comprehensive assistance to indebted people who have been sued for payment by banks, debt collection companies or lending companies. The law firm will help you:

  • analyse your financial and legal situation;
  • prepare a response to the statement of claim and an objection to the bailiff’s actions;
  • represent you before the court and the bailiff;
  • negotiate debt repayment terms with the creditor;
  • appeal against an unfavourable judgment or order;
  • recover money taken by the bailiff or wrongfully paid to the creditor.

Do not wait! The sooner you seek help from Eurolege, the greater your chances of reaching a settlement and having the enforcement proceedings discontinued.