Letters court judge will be served. This should put an end to the "fiction of supply." In determining the debtor will address ZUS, the bank, or even a neighbor.
For a simplified process claims to PLN 20000 Judicial charges constitute PLN 1000 PLN. This amendment to the civil case that the Diet has approved in July. The changes are expected to sign the President. They should come into force this year.
Double awake? funds fall
Currently any non-conservation of a procedural letter, which twice expects considered were sent. This so-called fiction, which must be removed from the Code of Civil Procedure. After the entry into force of the amendments, the bailiff will be engaged in the delivery of such letters.
Its mission will also look for the current address of the debtor. Bailiffs will start to work, as they will also serve as postmen. The processing time will be longer. – Legislature passes the burden of the plaintiffs to the plaintiff and the defendant provides an effective tool for paralizavannya procedural process – he said. lawyer. Michal Ktsetsinski, Chairman of the Board of the Association of Polish debt management.
– In a situation where the defendant does not respond to the bell twice, the other party will be obliged within two months to file a lawsuit for confirmation document bailiff or provide the current address of the respondent or the proof that it is.
In most cases, the plaintiff will have to inform the bailiff and to pay 60 zlotys. If the bailiff does not fall leaves, the plaintiff can ask him to clarify the defendant's address for an additional fee of 40 zlotys. After this trial the device will indicate the address, which he established at the request of banks, credit unions, pension and tax authorities.
Read more about the topic: Will there be a break in the supply?
– The fee for searching the residence of the debtor and the delivery of a letter to him is not all – he adds, Radoslav CesarskyLegal Counsel, a member of the board PZZW. – The bailiff shall be entitled to an extra 20 zloty, if the distance between the place of work of the office and the place of residence of the debtor is more than 10 km. Thus, it appears that the total cost of delivery of the letter from the creditor to the debt can be up to 120 zlotys.[/b], One who decided to return the money, will be forced to take on the increased costs.
According Tsesarskaga, it also raises serious & # 39; serious doubts as to whether the court officer can obtain information from other court proceedings, which he holds, and he will get them, for example, or possibly neighbors.
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If the delivery attempt is ineffective and the court officer determines that, however, he has the correct address of the debtor, he put the tips in your inbox by setting 14 days leaf collection. After this time the letter is considered to be transmitted, and the bailiff returns the letter to the lender along with information about the agreement and the delivery date. The same situation is in the case if the debt does not live at this address – if the letter is returned to the legal person that orders its delivery. The lender, within two months from the date of performance of the obligation, the debtor may apply to the document confirmation return letter and indicate the current address of the debt or provide proof that the defendant lives at a different address. If not, the analysis will be suspended, and in three months – will be canceled.
Court fees will increase
The new provisions increase the amount of court fees, primarily for claims not exceeding 20,000 zlotys. PLN, ie. E. The so-called simplified trial.
How will it look in practice? For example, of the cost of claims to 500 PLN will be charged in the amount of PLN 30, 2000 and not earlier zloty. PLN. In turn, more than 15 thousand cases. for the courts will be charged to legal costs in the amount of 1000 PLN, Payments for disputes in which entrepreneurs will require large sums amount to 5%. However, the value of the claim does not exceed 200 thousand zloty PLN.