A letter from a bailiff can cause stress and raise many concerns – this is normal, as there are many misconceptions surrounding bailiffs. However, their role, powers and duties are strictly defined by law. Find out what a bailiff does and what your rights are during enforcement proceedings.
Key information on what a court bailiff does:
- A bailiff carries out debt enforcement – they act on the basis of an enforcement order and take steps to recover the debt on behalf of the creditor.
- They identify the debtor’s assets – they may obtain information, for example, on income and bank accounts, to determine the feasibility of enforcement.
- They seize assets in accordance with the law – enforcement may be carried out against, amongst other things, wages, bank accounts, pensions, movable property or immovable property.
- The bailiff operates within the limits set by the law; therefore, they cannot take arbitrary action, and their powers and duties are regulated in detail by law.
- They are responsible for ensuring the enforcement proceedings are conducted correctly, whilst safeguarding the rights of both the creditor and the debtor.
- They provide information on the actions taken – the parties to the proceedings have the right to receive information regarding the progress of the case and the actions taken by the bailiff.
Who is a court bailiff?
A court bailiff is a public official attached to a district court. Their role is to enforce court judgments and other enforcement orders that have been declared enforceable. The scope of a bailiff’s powers is strictly defined by law[1] , which means that they do not take action independently or on their own initiative.
Enforcement proceedings only commence at the request of a creditor who holds an appropriate document confirming the existence of the debt, e.g. a final and binding court judgement bearing a declaration of enforceability. The bailiff, on the other hand, assists the creditor in recovering the funds due when the debtor fails to fulfil their obligation to pay.
[1] The Act of 22 March 2018 on Court Bailiffs (i.e. Journal of Laws 2018, item 771) and the Code of Civil Procedure of 17 November 1964 (i.e. Journal of Laws 2026, items 468 and 473)
How does a bailiff work?
A bailiff operates within the framework of enforcement proceedings. Their task is to take steps to enforce the debt from the debtor in accordance with the applicable regulations. Depending on the situation, a bailiff may carry out enforcement proceedings, including from:
- wages,
- bank accounts,
- pensions,
- other monetary claims, e.g. tax refunds, overpayments, amounts due under civil law contracts, sums owed by business partners,
- movable property,
- immovable property.
At the same time, every action taken by the debt collector must have a legal basis, and the course of the proceedings is subject to specific procedures designed to protect the rights of both the creditor and the debtor.
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What does a court bailiff do as part of their duties?
A bailiff has powers defined by law which enable them to conduct enforcement proceedings effectively. As part of their duties, they may, amongst other things:
- seize earnings within the limits set by the regulations,
- seize funds held in a bank account,
- enforce recovery from a pension or disability benefit,
- seize movable property belonging to the debtor,
- enforce recovery against immovable property,
- obtain information about the debtor’s assets from public and financial institutions.
Every action taken by the bailiff must have a legal basis and be directly related to the enforcement proceedings in progress.
What actions does a bailiff take as part of enforcement proceedings – what can they seize, and what is exempt from enforcement?
Many myths have arisen surrounding the bailiff’s powers, which is why you may fear that they will seize all your assets. In practice, however, their actions are strictly regulated by law. You will find the most important information regarding what a bailiff can and cannot seize below.
What can a bailiff seize?
- part of your wages – within the limits set by law
- funds in a bank account in excess of the amount exempt from seizure
- a pension or disability benefit within the limits set by law
- valuable movable property belonging to the debtor
- immovable property belonging to the debtor
What can’t a bailiff seize?
- items essential for the day-to-day running of the household
- parts of benefits exempt from enforcement under the law
- selected social benefits that are protected
- certain tools and items necessary for carrying out gainful employment
items statutorily exempt from enforcement, e.g. basic items necessary for daily living, a statutory portion of monetary claims to the extent specified by law
Please note that the extent of protection afforded to a debtor depends on their individual circumstances and the type of enforcement proceedings being conducted.
The bailiff’s obligations towards the debtor and the creditor
As part of their duties, the bailiff is obliged to ensure that the parties to the proceedings have access to information regarding:
- the progress of the case,
- the actions being taken,
- the method of settling the recovered funds.
The debtor has the right to obtain information about the case, to submit applications and to make use of the legal remedies provided for by law. The creditor, on the other hand, may expect the bailiff to take steps to ensure that enforcement is carried out effectively.
The bailiff’s powers and the possibility of an amicable settlement of the proceedings
The commencement of enforcement proceedings does not always mean that all options have been completely exhausted. Even at this stage, it is worth carefully analysing your financial situation and checking what solutions are still available.
During enforcement proceedings, one of the available options is to contact the bailiff, who can act as an intermediary in reaching a settlement with the creditor. This gives you the chance to agree repayment terms better suited to your current financial situation.
It is worth contacting the creditor or the organisation handling the case directly, e.g. EOS Poland, to explore the available options and discuss repayment terms tailored to your current financial situation. Much depends on individual circumstances, but open communication provides an opportunity to discuss the situation calmly and explore the available courses of action.
To make it easier for you to contact your creditor and streamline the process of reaching a settlement, EOS Poland provides a specially designed platform. Through this platform, you can get in touch regarding your debt and take steps towards reaching a settlement with your creditor. This makes the whole process more transparent and allows you to explore the available options for resolving the matter more quickly.
It is worth noting that:
Once an agreement has been reached and the debt has been repaid in accordance with the agreed terms, and all amounts subject to enforcement and the costs of the proceedings have been settled, the bailiff issues a decision to terminate the enforcement proceedings.
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What does a bailiff do? Summary of information
A court bailiff acts in accordance with the law and is responsible for enforcing the recovery of debts; however, their powers are strictly defined and subject to statutory limitations. It is worth remembering that, as a debtor, you also have rights. You can obtain information about the proceedings, make use of the available remedies and seek solutions to help sort out your financial situation, including during the enforcement stage.
What does a bailiff do? – FAQ section
- Can a bailiff seize your entire salary?
No. As a general rule, the law provides for an amount of your salary that is exempt from deduction. Under Article 87(1) of the Labour Code, an employee must be left with an amount equivalent to the minimum wage, subject to the exceptions set out in separate legislation.
- How much money in a bank account is protected from bailiff attachment?
Under Article 54a of the Banking Act, a sum equivalent to 75 per cent of the gross minimum wage is exempt from seizure in a bank account. This protection applies to accounts held by natural persons and does not cover business accounts or accounts held by legal persons.
- Can a bailiff enter a flat?
Yes, in certain situations, a bailiff may enter the debtor’s home if this is necessary to carry out enforcement proceedings. However, they must act in accordance with the law and within the limits of their powers.
- Is it still possible to reach a settlement once enforcement proceedings have begun?
Yes, in many cases, even after enforcement proceedings have begun, it is possible to try to reach an agreement with the creditor. It is worth contacting the creditor or the entity handling the case to enquire about the possibility of agreeing repayment terms for the debt.
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