Can a bailiff take over my account? Can they stop me for these debts at the border? I have debts from loans and payday loans. I am afraid that I will not be able to enter Switzerland and that I will not have a normal life there, and just want to leave, earn and give money.
Trip to Switzerland, and debts in Poland
Hello, I am not surprised that you are worried that due to unpaid debts, your plans related to leaving Poland may change or not be realized at all.
Quite often, you hear about stops at the border during the ticket control. However, I want to comfort you that the Border Guard has the right to detain a person only in strictly defined cases.
Stop at the border for bank debts, is it possible?
The grounds for detention at the border may be:
- arrest warrant
- court order for forced delivery
- European arrest warrant.
As far as the arrest warrant is concerned, it is obviously a criminal conviction. The situation is similar with the European Arrest Warrant. It will be different if the court orders a forced delivery. The order for forced delivery may also apply to civil proceedings, including when a witness in a given case avoids appearing in court.
However, in the case of private debts, including those related to loans, loans and payday loans, it is not possible for the debtor to be detained at the border. Unless criminal proceedings are pending against the debtor, including extortion of credit. Even the involvement of a court bailiff in the debt recovery process does not give the creditor the right to apply for the arrest of the debtor. Colloquially speaking – you don’t go to prison for debts in Poland.
If you don’t have any criminal matters, I don’t see the possibility that your trip to Switzerland will be difficult because of your debts.
Consider, however, whether you are not a debtor of the Treasury, because here you only need one unpaid fine, eg for exceeding the speed limit, to have problems with departing from the country during airport checks.
Traveling abroad and bailiff execution
Regarding bailiff enforcement, the matter is that a Polish bailiff can only carry out enforcement proceedings in our country.
Your trip may block his ability to act, but not necessarily.
Because despite the fact that you will not be in Poland, the bailiff can continue execution of the bank account, of course, in the Polish branch of the Bank (the bailiff is not able to locate or seize the debtor’s bank accounts in foreign banks) .
Therefore, if the bank account has already been attached, the bailiff will not release him for the next few months, and when you make a payment to the account in question, you must reckon with the fact that all funds over the amount free of attachment will be transferred by the bank to the bailiff’s account.
Know that for the current year there is an amount free from attachment on a bank account for the enforcement of non-maintenance debts in the amount of USD 16,850 per month. Therefore, in each new month, when executing from a bank account, the debtor can rotate the amount free of attachment, which for 2019 is 1 687, 50 USD.
So think about which account the money you earn in Switzerland will be transferred to. Will it be a Polish account from which enforcement can be carried out, or will you set up a new bank account there in Switzerland, which the Polish bailiff will not be able to start?
Execution of Polish debts in Switzerland
The above regulations significantly facilitated the creditor’s ability to seek payment from debtors residing in another European Union country, because it allows to easily and – what is more – an inexpensive way to receive an order to secure the debtor’s account and seize it until full payment including costs and interest.
The procedure for issuing a European Account Preservation Order can be conducted in all European Union countries except Denmark and the United Kingdom, therefore also in Switzerland. Therefore, as you can see, if you decide to open a foreign bank account, your creditors will have a way to satisfy their claim using EU regulations.
Going abroad, and the obligation to inform the bailiff
Finally, I want to add that since bailiffs are being conducted against you at the moment, you are required by law to notify the bailiff of any change in your place of residence.
I also think that you should send a letter to the bailiff explaining that you are leaving for work in Switzerland.
In the same letter you can also ask the bailiff to remove the attachment from your bank account, and if you know that you are already waiting for work on the spot, you can also declare your own voluntary payments of a certain amount, eg from the next month.