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COSTS OF THE CONDUCTED ENFORCEMENT PROCEEDINGS/ ADVANCES

The issue of enforcement costs is regulated by the Law on Bailiffs’ Fees of dn. 28-02-2018r. (Journal of Laws of 2018, item 770).

According to Art. 7 ukk if the bailiff’s action causes expenses, the bailiff shall make the execution of the action conditional on the payment of an advance by the party requesting the action. The payment of an advance is necessary in order to identify assets that can contribute to the successful execution. This is not the bailiff’s income. The funds paid by the creditor are earmarked for certain inquiries, which are of a pecuniary nature.

If the execution is successful, the advance is returned to the creditor first. However, if the enforcement proceedings are discontinued due to ineffectiveness of enforcement, the creditor is entitled to claim the advance in the future on the basis of a final order of ineffectiveness of enforcement with an enforcement clause.

In the case of enforcement of monetary benefits, the creditor should be prepared for the need to pay an advance, which consists of:

1) Cost of mail delivery: PLN 60.00;

2) Cost of Social Security inquiry: PLN 45.44;

3) Cost of inquiry to the Tax Office: PLN 50.00;

4) The cost of querying the Electronic Land Records: 20.00 00zł;

5) Cost of inquiry to the Geodesy: PLN 12.00 – PLN 30.00 ( the amount of the fee is determined by the municipality depending on the specific facts);

6) Transfer cost: PLN 7.20

In cases of enforcement of alimony and labor benefits, the advance payment is made by the President of the District Court by which the bailiff operates.

In the case of initiation of execution from real estate, the creditor is obliged to pay an advance in the amount of : PLN 100.00.