Assistance to a debtor
Assistance to a debtor . Assistance to a debtor . Assistance to a debtor
Kancelaria prawna Gdańsk
Are you (not) a debtor and you have a debt to pay?
You have just received a payment order and/or a Bailiff’s decision on commencement of enforcement proceedings and you don’t know what to do? And perhaps you are not a debtor and someone has groundlessly sued you for payment? Nothing simpler…, call us and join a group of people free of debts. We help debtors from all over Poland. We are experts in the field of the law of obligations. We effectively verify and paralyse debt collection actions, both court and enforcement ones, at any stage possible.
Examples of actions we take up for our Clients:
verification of substantiation of a claim in legal terms,
restructuring, debt relief,
withholding, suspending or deferment of debt collection,
relief of a part of debt and a part/all interest and possible costs the debtor was charged with,
in case of abuse by a creditor or an enforcement company, we may apply for damages on your behalf.
What is anti-debt collection?
It is a set of multiplane actions aimed at the change of a debtor’s image in the creditor’s perception and creating such a position of a debtor, in which they will have negotiation arguments at hand. This is a prerequisite for the creditor to verify their situation and stop their actions at least for a while, which will enable the debtor to establish a dialogue with the creditor. Unsupported debt for the debtor and simultaneously an outstanding receivable for the creditor is the same problem, just seen from another perspective. And the issue of the party’s obligation is not unimportant.
However, relying only and exclusively on the assumption of the claim’s justness, we prevent the selection of the most favourable variant of solving the crisis situation. Quite often outstanding receivables cause a shift from a position of a creditor to a position of a debtor. To sum up, it is significant that the debtor understands that they have a debt and the creditor understands that they have a receivable. Any attempts of antagonizing mutual relations only serve third parties.
Anti-debt collection is an action which protects the debtor against debt collection companies, banks and other creditors.
What is anti-enforcement?
We understand it as enforcement but with respect for debtor’s rights. Whereas in practice, the reality comes down to enforcement often being carried out neglecting the rights of a person obliged to payment, sometimes even with the violation of legal regulations. The occurrence of a debt does not have to and should not be „the end of the world” for the debtor. Enforcement must be carried out in as least arduous a manner as possible, in accordance with principles defined in Article 799 § 2 of the code of civil procedure and it cannot generate unjustified additional costs.
In general, it is in the debtor’s interest to gain some time. When there occur any irregularities in the proceedings, extension thereof over time is a way to defend oneself. When we turn down the flame, we gain time for the verification of the entire process. We examine the grounds for enforcement as such and the grounds for referring to a given assets component.
We examine whether it is in accordance with the law at all stages of enforcement proceedings. Time may help gather funds to repay the debt, make a settlement with creditor etc. Enforcement proceedings may be redeemed or suspended. Each case is individual, the foregoing only shows the outline of the problem.