Bailiff enforcement is, unfortunately, absolute. The bailiff, as a public official who deals with an average of about 250 cases per year, will want to end his proceedings as soon as possible. The debtor is therefore deprived of many possibilities of action and must take into account the rapid attachment of a bank account, remuneration and even real estate. Despite this, the enforcement process is not a last resort, and there may be a number of premises during which the bailiff may suspend or even discontinue proceedings. One of them is the option to suspend enforcement at the creditor’s request. When does this happen and in what situations does it work?
What is suspension of enforcement?
Suspension of debt enforcement is only the interruption of bailiffs and cessation of further enforcement actions by the bailiff until the proceedings are resumed or terminated (when the creditor decides that the debt has already been repaid). This means that the suspension of enforcement will not reverse the effects of previous bailiff’s actions and they will be in effect until the proceedings are completed or completely discontinued. Even if the bailiff has already seized real estate or movable property – e.g. a car – cannot sell it.
The creditor has the right to request suspension of the bailiff proceedings, irrespective of the bailiff’s actions already carried out. He does not have to justify why he is asking for suspension of bailiffs – all that is required is a declaration of his will, without any conditions being required. How the debtor gets along with the creditor and prompts him to make such an application depends on the debtor’s negotiating options and whether there will be a settlement between them.
When else can execution be suspended?
The debtor may also submit an application for suspension or discontinuance of bailiff enforcement, but only in specific cases and if there are serious obstacles to proper enforcement. If they are justified and of a permanent nature, the bailiff may discontinue the proceedings, and if these are only temporary conditions – the execution will be suspended.
In cases where the court has revoked its enforceability, a security for debt repayment has been lodged, or the debtor has applied for release of only part of the property from enforcement, the suspension is at the debtor’s request. The relevant application can be submitted directly to the bailiff who is conducting the proceedings. It is free and available to everyone at any stage.
Creditors are usually reluctant to suspend bailiffs
Although the suspension of proceedings at the creditor’s request occurs on a fairly regular basis, it should be taken into account that this is usually the case for private loans granted between friends or family. However, it is hard to expect such a procedure from a loan company or debt collection company that has assigned a debt.
The reason for unwillingness to request suspension of bailiffs is very prosaic – the debtor has more than once failed to trust the creditor. Bailiff enforcement is a last resort and a very long time must pass before it occurs. It is likely that during this period the debtor successfully avoided payment, did not admit the obligation or avoided contact with the creditor, thus losing the possibility of reaching a settlement. Not answering the prompts, not answering the phone and refusing to talk to the debt collector is a sign that the debtor did not have good will to pay the debt and it was necessary to introduce financial coercive measures. A person struggling with a bailiff is simply unbelievable to the creditor.
It should also be mentioned that the creditor on suspension of execution gains nothing, all the more that even the bailiff’s fees lie with the person subject to enforcement. So it is not financially profitable in any way, and it additionally extends the time to recover money. Settlement and suspension of enforcement at the creditor’s request may, however, take place in a situation where the debtor has cash that the bailiff has not yet taken or has prospects of obtaining it and is ready to pay the entire cost of the loan at once. Getting along with the creditor will allow him to benefit from the costs of bailiffs, and the creditor will receive money immediately. However, these are relatively rare situations.