The creditor and debtor are one of the most popular civil law institutions. And there is no reason to be surprised. Every day, countless people incur debts. Many of them are, thankfully, quickly repaid. However, there are also those whose creditors can not enforce for a long time. The situation is particularly complicated when the person obliged to pay the debt from day to day just disappears. Most often it is associated with her going abroad, whether for the purpose of escaping or in order to take a better-paid job that will allow her to get out of debt. But what if she still does not fulfill her obligation while still in another country? How to enforce the repayment of debt from her? About this later in this article.
Pre-court payment request
We can send them to the debtor provided that we know his exact address where he lives abroad. Such a call can be created by an experienced lawyer on our behalf. We can also make them yourself. The most important elements that should include such a debt collection letter are:
- an indication of the place and exact date of the call;
- our data;
- details of the debtor to whom the letter is addressed;
- indication of the basis that is the source of the debtor’s obligations (for example, the contract concluded between him and the creditor);
- principal and interest (if we belong);
- indication of the date on which the debtor should pay the amount due and the bank account number to which the payment is to be made.
Salary for work abroad and bailiff occupation
Until recently, debtors who went abroad could actually sleep soundly, because Polish debt collectors were not entitled to pay their wages for work done in another country. However, with the entry into force of the Act on the prosecution of debts in the European Union, everything has changed, because from now on, the bailiffs’ occupation on the said remuneration is already possible. For this reason, if the pre-court demand for payment referred to earlier did not bring the desired results, and the debtor continues to delay in repayment of the debt, it is worth referring the matter to the court that will issue the payment order. On the basis of the latter, it will be possible to collect the debts even from the debtor who has gone abroad and receives remuneration for work there.
European Enforcement Order, European Payment Order
In order to enforce the debt from a debtor staying abroad, it is necessary to obtain not only an enforcement title, but also a European Enforcement Order or a European Order for Payment. Only on the basis of such documents it is possible to collect debt by a bailiff from another country. The aforementioned Titles are a considerable convenience for the creditors remaining in Poland, because thanks to them it is possible to collect the debt without the need to initiate another court proceeding before the authority competent for the new place of residence of the obligor.