Bailiff auctions are the final and often considered to be the final element of recovery in case of an insolvent debtor. They are a specific and strictly regulated type of sale of movable or immovable property that is found in the debtor's assets. The enforcement of a debtor is carried out by a bailiff operating at the competent district court, but in this case it is also the creditor who has the right to choose a particular bailiff office.<\/p>\n
Bailiff auctions are preceded by a number of other actions that are, in a way, aimed at persuading the debtor to pay his debts. Most often they take the form of a summons from the creditor to the debtor to settle his liabilities, for which the debtor has exactly two weeks. In the situation when the summons does not bring any measurable effects, the bailiff seizes the debtor's property. If the debtor still fails to carry out any actions (just after the seizure), the seized objects are appraised by an expert, and then the court and the bailiff make public information about the auction in the form of a notice. Importantly, such an auction cannot take place earlier than after 14 days have passed since the valuation of the debtor's assets became final.<\/p>\n
W\u00a0Bailiff's auction<\/strong>\u00a0Anyone interested may take part in the auction. The condition for entering the auction is payment of the bid security specified in the auction notice, i.e. a certain amount of money which, in a way, constitutes a security for performance of the agreement in case the auction is won and the bidder is awarded a knockdown. The bid security amount is established in proportion to the estimated value of the object to be auctioned and amounts to 1\/10 of its value. It is paid a day before the auction begins at the latest, usually by a bank transfer (however, it is also possible to pay the bid security directly at the bailiff's office). After the auction is over, the deposit amount will be returned to those who participated in the auction but did not win.<\/p>\n However, there are statutory exemptions to who can participate in\u00a0Bailiff's auction<\/strong>. The closed catalog is defined by statute and does not allow such persons to participate as an auctioneer as:<\/p>\n \u00a0- debtor,<\/p>\n - spouse and children of the debtor,<\/p>\n - parents and siblings of the debtor<\/p>\n - persons present in an official capacity at the auction,<\/p>\n - bailiff as well as their spouses, children, parents and siblings,<\/p>\n - An auctioneer who has not fulfilled the conditions of the previous auction.<\/p>\n As it turns out, the subject\u00a0Bailiff's auction<\/strong>\u00a0The objects of auction are not only houses, apartments or land plots. In fact, the object of the auction may be any item of a debtor's property, including movable property. The provisions of the Code of Civil Procedure, of course, specify what items cannot be auctioned off, including household equipment, tools indispensable for a debtor to perform his\/her gainful employment, for religious practices, or for education. These also include a wheelchair (of a disabled debtor), bedding and clothing, as well as fuel and food supplies for one month.<\/p>\n At\u00a0bailiff auctions<\/strong>\u00a0The most common items are cars, motorcycles and scooters, industrial materials, raw materials, antiques, works of art, furniture, watches and jewelry.<\/p>\n Bailiff auction<\/strong>\u00a0The auction is conducted under the supervision of a district court judge by a bailiff and takes place orally. Importantly, each item which is put up for auction has its own starting price, which is never lower than \u00be of the value of the estimated object. If no interested bidder appears at the first auction date, a second auction date is announced, in which case the starting price is less than 2\/3 of the value of the estimated object.<\/p>\n In a nutshell, the auction consists in offering a certain amount of money (not lower than the starting price) by the bidders attending the auction. It is worth remembering that the amount offered (i.e. the so-called price increase) cannot be lower than % of the starting price for the item being auctioned, which should be rounded up (this amount is often provided by the bailiff at the beginning of the auction). After the third court call, the highest bidder is awarded a knockdown and wins the auction.<\/p>\n At the end of the auction the court issues a decision granting the acceptance of a bid, although such decision still has to become final. After the time for the court's decision to become final has passed, the successful bidder is required, within the next 14 days, to deposit in the court's escrow account the remainder of the sum of money, less the bid security paid in advance. After completion of the above formalities, if the object of the auction was real estate, the court issues a decision on adjudication of ownership, and after the decision becomes legally binding, the new purchaser is entered in the real estate register.<\/p>","protected":false},"excerpt":{"rendered":" Czym s\u0105 i na czym polegaj\u0105 licytacje komornicze? Licytacje komornicze s\u0105 finalnym i cz\u0119sto uznawanym jako ko\u0144cowy element odzyskania nale\u017cno\u015bci w przypadku niewyp\u0142acalnego d\u0142u\u017cnika. S\u0105 one okre\u015blonym i \u015bci\u015ble uregulowanym przez prawo rodzajem sprzeda\u017cy ruchomo\u015bci lub nieruchomo\u015bci, kt\u00f3re znajduj\u0105 si\u0119 w maj\u0105tku d\u0142u\u017cnika. Egzekucj\u0119 d\u0142u\u017cnika przeprowadza komornik dzia\u0142aj\u0105cy przy w\u0142a\u015bciwym s\u0105dzie rejonowym, jednak w tym […]<\/p>\n","protected":false},"author":2,"featured_media":681,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[39,36,31],"tags":[50],"class_list":["post-680","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-biznes","category-dom","category-lifestyle","tag-all"],"_links":{"self":[{"href":"https:\/\/lifestylerek.com\/en\/wp-json\/wp\/v2\/posts\/680","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lifestylerek.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lifestylerek.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lifestylerek.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lifestylerek.com\/en\/wp-json\/wp\/v2\/comments?post=680"}],"version-history":[{"count":0,"href":"https:\/\/lifestylerek.com\/en\/wp-json\/wp\/v2\/posts\/680\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lifestylerek.com\/en\/wp-json\/wp\/v2\/media\/681"}],"wp:attachment":[{"href":"https:\/\/lifestylerek.com\/en\/wp-json\/wp\/v2\/media?parent=680"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lifestylerek.com\/en\/wp-json\/wp\/v2\/categories?post=680"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lifestylerek.com\/en\/wp-json\/wp\/v2\/tags?post=680"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}What can be auctioned off by a bailiff?<\/h2>\n
How does a bailiff auction work?<\/h2>\n