Receivables are rights to demand performance of a contractual obligation (usually a payment of a certain amount of money with interest) vested in, for example, a lender against a borrower. Receivables may be vested in e.g. a bank or an investment fund, which acquired the receivables from the bank under a receivables assignment agreement, but also in private individuals who have lent money to someone, sold or manufactured a product for another person against consideration, and the payment of the receivables has not been made within the prescribed time limit, thus making the amount due and payable and hence becoming receivables. 

Pursuant to the Civil Code, in particular Articles 509 and 510 thereof, a claim may be transferred to another person by way of assignment of receivables agreement. If, for example, a bank assigns receivables to an investment fund, the fund has the right to receive and pursue an outstanding receivable from the bank's client who has defaulted on the agreement. In such circumstances, any subsequent payment to the bank does not release the obligated person from the obligation to pay the fund if the obligated person has been notified of the assignment. The consent of that obligated person is not usually required to make the assignment. In other words, if a receivables assignment takes place, then after entering into the assignment agreement it is possible to demand payment of outstanding receivables from the obliged person, remembering to notify the debtor about the receivables assignment and to whom or to which bank account the payment should be made on account of receivables.

If a claim is not paid voluntarily, any creditor may file an action for payment with the competent court. The court considers the case in appropriate proceedings and may issue a decision, e.g. a writ of payment, ordering the creditor to pay the amount of money specified in the writ of payment with interest. The writ of payment, after it has been provided with an enforcement title, forms the basis for the bailiff to start enforcement proceedings. The bailiff pursuant to the law, in particular the Code of Civil Procedure and the Act on Bailiffs, exercises a number of powers which allow the recovery of receivables from the debtor and payment to the creditor. Court and bailiff proceedings can be lengthy and time-consuming. The initiation of these proceedings also requires the creditor to pay due fees to the court and the bailiff.

It is a judgment of a court or a court registrar which is final or subject to immediate execution ( among others, judgments, including default judgments; summary judgements, including orders for payment obtained in the Electronic Writ of Payment procedure), as well as a settlement entered into before a court establishing: the existence and scope of a creditor's claim, and thus the existence and scope of a debtor's obligation to provide performance, which is final, i.e. with respect to which no objections, charges or appeals have been filed within the time limit or due to its final nature. The enforcement title clearly and unambiguously specifies who is the creditor and who is the debtor. 

This is an enforcement order which has been granted an enforcement clause by the court. After obtaining the enforcement title, we may submit an application to the bailiff to initiate execution of the claims indicated in the enforcement title.

Verification, checking the debt documentation, in particular from the legal point of view. The DD investigation should primarily involve a professional representative (advocate, attorney at law) representing the prospective debt buyer.

In other words, it is an agreement or a declaration of confidentiality. All documents, data, information and conversations, including the mere fact of discussions between us will be kept confidential. An NDA confirms in writing your obligation to keep information, defined in the NDA as confidential. This obligation applies not only to the person signing the NDA, but also to anyone to whom the person signing the NDA has provided, or in any way disclosed confidential information. The scope of persons to whom the person signing the NDA may disclose confidential information without being charged with a breach of the NDA and subject to the penalty indicated in the NDA is limited and indicated in the NDA.

If you would like to read the NDA in detail please download.

It is the right of a creditor, whose claim has been entered in the land and mortgage register of a specific real property (or a cooperative ownership right to premises), to demand payment of the claim by each of its owners with priority over other persons. It is a type of the so-called limited right in rem. This means that the sale of real property by the owner who is a debtor does not infringe upon the rights of a mortgage creditor (i.e. one disclosed in the relevant land and mortgage register) who has the right to satisfy the claim from each of its owners - amicably or in the course of enforcement.

IMPORTANT: The purchase of receivables does not constitute the purchase of a real property.

When you purchase receivables established by an enforceable title, you have in particular the right to initiate enforcement proceedings with respect to the real property on which the mortgage has been established. Upon entering into a mortgage assignment agreement, you do not become the owner of the above-mentioned real property.  

If the object of acquisition is to be a mortgaged claim which is not owned by the Fund or the Companies represented by EOS then this real property may not be subject to inspection.

Please

1. enter the www.eos-ksi.pl website and then Wierzytelności;
2. Specify in the Form what you are interested in (corporate receivables, receivables secured by houses, flats, plots of land and the region of the country where they are to be located) and provide your contact details by selecting the way in which EOS can get back to you;
3. download the NDA template, fill it in, sign it and send it to EOS via e-mail:  pdf of the NDA bearing a secure qualified electronic signature or a scan by email, and if a scan is sent, an original NDA bearing a handwritten signature should also be sent to EOS, by post or courier to the address indicated in EOS KSI Polska Sp. zo.o., ul. Bitwy Warszawskiej 1920 r. 7A, 02-366 Warszawa .

If we find a claim or a real property which meets the criteria you indicate in the Form, we will enable the DD investigation to be carried out and we can then proceed to set the terms for the possible purchase of the claim.