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Loan with a bailiff – what does it mean, what to do?



 

Thoughts about a loan with a bailiff are not always optimistic, but this has happened to many a person nowadays. As a rule, the location of the client who took care of the bailiff is not comfortable in the eyes of the lender, but there are several ways and institutions that can help.

Who is a bailiff?

Who is a bailiff?

At the beginning it is necessary to introduce the figure of a public official who is undoubtedly a court bailiff. To put the matter in one sentence, it can be said that these are people who deal with forced debt collection. The law gives bailiffs many privileges, including the use of force or means. Unfortunately, they are not liked because of that, but that’s not the point. The legal basis for exercising the profession of bailiff is the Act on Court Bailiffs, which entered into force on March 22, 2018, Journal of Laws 2018, item 771.

So when does the bailiff appear?

Before the enforcer proceeds with the matter of our debt deal with the debt collection departments of the bank, loan company or specialized debt collection companies, whose task is to take such actions that lead to the recovery of money. Therefore, as soon as there are difficulties with the implementation of current installments, you should turn to a certified agent for help, because if the delay in payment of the installment exceeds 90 days, the bank will terminate the contract. In cases of payday loans it can take place after 30 days of being in arrears. When debt collection is not effective, the next step is to take the case to court and then the bailiff begins his activity and then we can start saying that we have a loan with the bailiff. Bailiffs usually, after a few days of the sentence, start their activities, e.g. by blocking the debtor’s bank account, and may also take remuneration or annuity. It is worth mentioning that even when the loan is issued to us and the “sad man” proceeded to bailiff enforcement, in some cases it is possible to restructure and suspend the enforcement of debt by the bailiff.

It is not worth running away from the bank. The institution wants to get along with the client in difficult moments. The best thing we can do as a customer with a problem with paying off their liabilities is to go to the bank, present your situation and talk about possible solutions

Who can help if the bailiff is executing?

Who can help if the bailiff is executing?

One of the ways and tools is because among the institutions to which he is directed are companies that do not check the BIG, BIK or KRD database or if they check, they do not always take into account the existing entry. A very important element in the whole process of obtaining credit with a bailiff is a certified agent who, like a doctor, will examine our situation and precisely prepare a plan for obtaining financing. The certified agent will also ensure that the newly acquired funds are safe from bailiff attachment because they will direct the payment of the loan to a place other than the account taken by the bailiff. One of these methods is paying out the loan using a credit check or to the account of a trusted person indicated by the client.

The guarantor can also help

Undoubtedly, help can come from people who agree to vouch for their assets and guarantee repayment of the loan. Statistical data show that there are more women than men among the guarantors, but the difference is really small (53% to 47%). The average age of a giraffe varies between 55-64 years and the desire to guarantee increases with age. The analysis of the Credit Information Bureau shows that Poles most often guarantee one loan and only every 10 person decides to guarantee more than one loan. It should also be added that guarantors often have their own credit obligation.

Loan with a bailiff in the background and costs

Loan with a bailiff in the background and costs

The cost of such a loan can be offset by establishing a mortgage or entering into a guarantor loan. The commission that occurs in this type of loans is not the lowest and in some institutions may be accompanied by additional fees depending on the sales process and the lender himself. The cost of the loan intended to pay the bailiff also depends on the amount of capital granted and the loan period.

Is a bank loan possible with a bailiff?

Is a bank loan possible with a bailiff?

In their activities, banks are guided by numerous guidelines of their regulators and their own risk policy. Compliance with banking law is supervised, among others, by the Polish Financial Supervision Authority, whose main task is to protect the interests of customers and compliance by banks with the aim of ensuring the security of deposits accumulated therein.
Currently, banks are less likely to use safeguards in the form of a girrant, i.e. a civil guarantee, giving the place the opportunity to submit an application by any two people. This co-borrower can help us if he has a positive history in BIK and has creditworthiness.

What is creditworthiness and how does it affect the amount awarded?

Unfortunately, this does not change the fact that banks are not in favor of granting a loan when we have a bailiff. Private companies and non-bank institutions have different and above all less stringent requirements than banks, which allows them to borrow cash with increased risk. Such loan companies are subject to cyclical inspections and the payment is always carried out in accordance with the provisions of the contract.

A loan with a bailiff is a very uncomfortable situation. With such a commitment, it’s worth talking to your credit counselor. He knows how to act so that the client’s situation improves.

Conclusion.

Even if bailiffs are being carried out, you can get a loan of tens of thousands of zlotys that can fully satisfy the bailiff’s enforcement title and lead you out of the embarrassment of debt, as debt must always be repaid. Therefore, there is no reason for the creditor to waive recovery of his debts. It is very important that the money borrowed goes to its intended purpose, i.e. to pay off the commitment, because wasting this chance will further deepen the financial crisis. So once the guarantor has agreed to guarantee a new loan, let’s make sure that he does not have to repay the installments himself, because the second such chance may not happen and the guarantor, if he was a friend, will definitely cease to be.