Credits and loans with a bailiff
Loans for indebted people are undoubtedly one of the more complex and sensitive issues. Most often, we are convinced that having a debt collection on our bank account, by definition we will not have access to any forms of loan and credit services.
Fortunately, the reality is a bit more complicated than its theoretical models and it often turns out that even if we have problems with a bailiff, we will be able to get a loan from a non-bank company and sometimes even a bank loan.
However, it should be remembered that a loan with a bailiff very rarely belongs to the so-called the basic offer of the institution. What does this mean in practice? Much will depend on the individual assessment of our person and our creditworthiness, e.g. by a bank or a loan company.
So where exactly can you look for solutions such as loans with a bailiff? What to consider when choosing a specific offer and what to look for when analyzing the regulations and the method of operation of a given entity? Let’s take a closer look at this issue and try to answer the above questions.
Loan with a bailiff
As a rule, loan institutions (not to be confused with so-called parabanks) do not grant loans to persons with bailiff seizure. There are quite a few exceptions to this rule. When looking for a loan company that can grant us a loan, we should pay attention primarily to the following factors:
- The presence in the company’s regulations of information on the possibility of granting a loan to a customer who has debt collection. Often, this type of information is not provided directly, but, for example, by ensuring “an individual and flexible approach to each client”. Of course, in such a situation we cannot be sure that the loan will be granted to us, but in theory such a possibility exists.
- Debtor databases checked by the loan institution. There are no loan companies on the market that do not check the debtors’ databases at all. However, the individual policies of individual companies can differ significantly in this matter. Some of the non-bank entities check, for example, almost all databases, including BIK. Others, in turn, limit themselves to checking, for example, KRD.
So let’s carefully read the regulations of a given loan company and find out in which databases we will be checked. Of course, we will also need knowledge about the databases of our debtors and which we are not present in.
- The loan amount can be withdrawn via the GIRO check. This is an extremely important issue, because having bailiff seizure, any amount that goes to our account as part of the loan, will probably be “looted” by the bailiff. The option of paying out the loan via a GIRO check will allow us to bypass the banking circuit.
However, as has already been mentioned, payday loans with debt collectors usually belong to the so-called optional loan institutions.
This means that, firstly, the final decision to grant us a loan will be conditioned by an individual assessment of our financial situation by the loan company.
Secondly , we can expect to be asked to provide additional documentation that will allow the lender to better understand our financial position.
Loan for those in debt with a bailiff?
If we have problems with a bailiff, obtaining a loan from a bank will probably prove extremely difficult or even impossible.
In some cases, however, even this obstacle can be overcome. Similarly, however, as is the case with lending institutions, the final decision will depend on the assessment of our financial capabilities.
We should also not count on the fact that the bank will offer us a loan for those in debt with a bailiff on standard terms.
Almost certainly, the possibility of obtaining a loan will be conditioned by either joining another person’s loan, i.e. someone who eats our loan, or we will have to decide, for example, on a loan against the property we own.
It should be borne in mind that a person with bailiff seizure is automatically perceived by the bank as a high-risk client .
In practice, this will result in the fact that a loan for those in debt with a bailiff will prove to be a viable option only if the bank obtains additional security for the money borrowed to us, for example in the form of a pledge of our property or a guarantee from another person joining the loan.
Unfortunately, when borrowing at the bank, we will not be able to use the option to withdraw the loan via a GIRO check. The money we borrow will go to our bank account, which means that they will automatically be subject to seizure by a bailiff, of course only up to the amount of debt we have.
Another option for loans with a bailiff is, of course, private loans. Their advantage is undoubtedly the relatively easy accessibility: usually even a negative credit history and having debt will not result in losing the possibility of borrowing money in this way.
Private loans, as far as commercial loans are concerned, will prove to be much more expensive than a bank loan or a loan from a loan institution. In addition, we can expect that a private lender, knowing about our financial situation, can offer us a loan on less favorable financial terms or require us to provide additional collateral for the loan.
An alternative when it comes to commercial private loans for debtors with a bailiff may be a private loan from family or friends.
What should be remembered?
Each loan is a civil law transaction under Polish law. This means that when borrowing privately, we have an obligation to draw up a loan agreement, and if the loan amount exceeds the ceiling of $ 9,637 – to inform about the fact of taking out the loan of the Tax Office and submitting the PCC-3 declaration.
Failure to comply with these obligations may result in a fine and the Tax Office will charge us 20% tax on the loan amount, while the base interest rate on private loans is currently 0.5%.
Legal basis: Act of 9 September 2000 on tax on civil law transactions, Journal of Laws 2000 No. 86 item 959.
What else should be remembered?
When looking for solutions such as loans for those in debt with a bailiff, we should bear in mind the fact that, under Polish law, any concealment of property from a bailiff is a criminal offense.
Who, in order to thwart the execution of a decision of a court or other state authority, thwarts or reduces the satisfaction of his creditor by removing, concealing, disposing of, donating, destroying, actually or apparently encumbering or damaging components of his property seized or threatened with attachment, or removes marks attachment, subject to imprisonment from 3 months to 5 years
Of course, in the case of e.g. private loans or non-bank loans with the option of paying via a GIRO check, the detection rate of this type of activity is very low.
Nevertheless, it is theoretically possible that our attempt to “bypass” the bailiff will leave some trace that the bailiff will encounter, which will mean bringing us to criminal liability.
If the amount of the bailiff’s seizure is relatively small, the best option will be to contact the bailiff to, for example, spread your debt in installments.
In some cases, we will also be able to use the option of consumer bankruptcy. Sometimes it’s really worth considering one of these two options first instead of making another financial commitment.
Tip : if the bailiff takes up your bank account, which will receive money from the loan, then you have a bank that the bailiff will take that amount from. So it’s best to use local loan companies (money in hand) and loan companies where you bring the loan home, or a GIRO check, which will help you collect the loan amount at the post office.