Bailiff's Office
Maciej Skowroński
Court Bailiff Maciej Skowroński Warsaw
Bailiff's Office No. XV
Opening Hours: Monday-Friday 8:00am-4:00pm.
Days of reception: Monday 12:00-15:00, Thursday 9:00-12:00.
Handle the case with the bailiff
Payments can be made directly at the office or to a bank account
BGŻ BNP Paribas S.A. : 02 2030 0045 1110 0000 0272 8000
SWIFT: PPABPLPKXXX
IBAN: PL 02 2030 0045 1110 0000 0272 8000
Contact the law firmAbout Us
The law firm was established in 2013. Currently, the team consists of a group of experienced employees, assessors and bailiffs' legal apprentices. The activity of the substantive team is supported by an experienced team of office clerks.
The Office of the Court Bailiff at the District Court for Warsaw-Śródmieście in Warsaw is located at 5 Słomińskiego Street, apartment 250.
How to get to the Law Firm?
- The office is located near the Gdańsk Railway Station, the Intraco skyscraper, KPMG Warsaw Office, Inflancka Hospital, Medicover Center and Simply Market.
How to get to the office?
Public transport
- Dworzec Gdański underground station
- buses: 409, 500 (Dworzec Gdański 03 stop)
- trams: 1, 4, 28, 41 (Dworzec Gdański 07 stop)
Car
- There is a car park next to the building where the Law Firm is located.
In our law firm, we use the following ICT systems:
- OGNIVO e-KIR
- CEPIK
- ZUS-PUE online
- EPU
- PD CBDKW
- Rejestru Zastawów Online
- SISP - online (System Informacyjny Statystyki Publicznej)
- CEIDG online
- KomornikOnline
Enforcement of cash benefits
The basis for the enforcement proceedings is the writ of execution (the writ of execution with an enforcement clause).
- Enforcement titles - judgments of the court / court clerk, legally binding / with the pain of immediate enforceability, other judgments, settlements, acts subject to enforcement under the law, notarial deeds (catalog - art. 777 of the Code of Civil Procedure).
- Enforcement clause - a kind of permission to conduct enforcement proceedings.
- The bailiff, as an enforcement authority, does not examine the legitimacy and maturity of the service defined by the enforcement order.
Initiation of proceedings: the creditor (the person for whom a specific benefit has been awarded) submits to the bailiff:
- Request for enforcement. (LINK)
- The original of the performance title.
- A declaration on the selection of a bailiff pursuant to art. 10 u.k.s (applies to cases where the bailiff works outside their assigned district). (LINK)
- Power of attorney, if the creditor is represented by a professional attorney.
The bailiff is entitled to establish the debtor's assets from which enforcement may be conducted. The creditor, together with the application for enforcement, may also place an order to search for the debtor's assets for remuneration. (LINK), according to which the bailiff directs inquiries to:
- Central Land and Mortgage Register Database
- Head of Revenue Office
- SOCIAL INSURANCE COMPANY- ZUS
- Vehicle Records
- OGNIVO system (query pertaining to the debtor's bank accounts)
Property inventory
Inventory is nothing more than an inventory of inheritance property, i.e. a list containing movables representing commercial value and real estate owned by the testator (assets and liabilities of the estate).
When to take inventory?
- Immediately after the testator's death (security against loss of items included in the estate).
- The purpose of the inventory is to limit liability for inherited debts.
- The bailiff makes the list at the request of the court or a direct request of the heir (LINK). If the inheritance is accepted in good faith, the inventory is drawn up ex officio.
Which bailiff is competent for a direct application?
- The bailiff who would be competent to execute the decision of the court of inheritance to draw up an inventory (court of inheritance - the court of the last place of residence of the testator or the place where the estate or part of it is located).
- The bailiff verifies the liabilities of the deceased testator (including verification of bank accounts).
- The bailiff determines ex officio which items will qualify for the inventory.
What happens to the estate?
- Items of high commercial value (e.g. jewelry) and money may be deposited in a court deposit.
- The remaining items may remain in the possession of the heirs until the final settlement of the inheritance debts.
Cost:
- Application fee - PLN 400.
- The cost is borne by the applicant.
- It is possible to file an application for recovering the costs of the estate.
Protocol on actual state of affairs
The protocol of the actual state of affairs contains a statement of the prevailing state of affairs, so it is an objective description of a thing, event or fact (e.g. presentation of the surface of the property, indication of the detailed location of movable property).
The protocol may not include:
- own or other people's assessments,
- information containing both the factual and legal consequences of the subject of the description.
The bailiff prepares a protocol on actual state of affairs on the order of the court or the public prosecutor (during the course of the court proceedings), or at the request of anyone whose rights are to be related to the report (before the initiation of court proceedings) (LINK).
When is a protocol on actual state of affairs drawn up?
Before commencing a trial or before issuing a judgment upon an order of the prosecutor or court.
The protocol on actual state of affairs is an official document. This means that the specified protocol is proof of what is described in it.
Objective: Thanks to the protocol on actual state of affairs, it is possible to indicate the circumstances and facts that are absolutely necessary to conduct the proceedings without the need to secure evidence in accordance with art. 310 and subsequent articles of the Code of Civil Procedure.
Cost: PLN 400.
Security of claims
Security proceedings mean securing of the creditor's (entitled) claims, which have not yet been confirmed by an enforcement title.
The bailiff performs this service on the basis of a court order, in the manner that is indicated therein and in the security application.
The security application is submitted by the entitled person during the course of the court dispute (LINK). The entitled person, after obtaining the order for payment in the enforcement proceedings, as well as the court's decision on granting security, may immediately submit an application to the bailiff for the enforcement of security (art. 492 of the Code of Civil Proceedings).
The bailiff secures pecuniary claims by: seizure of movable property, remuneration for work, receivables from a bank account or other receivables or other property rights.
Cost: The relative fee for an application for the enforcement of securing a monetary claim or a European order to secure a bank account is 5% of the value of the benefit to be secured.
Enforcement of non-cash benefits
Enforcement of non-cash benefits consists in obtaining a specific thing or behavior from the debtor
Initiation of an enforcement: see: Enforcement of Cash Benefits
Enforcement of non-cash benefits may consist of: handing over a movable item (LINK), handing over of real estate; handing over a ship, vacating a room or premises (eviction - application LINK).
Delivery of an item: the bailiff is not required to summon the debtor to deliver any item in advance.
Supervision over an auction
The bailiff is authorized to exercise official supervision over voluntary public auctions, with acceptance of the highest or the lowest bid.
- Public auction (subjective aspect) - an auction addressed to an unlimited group of participants and in which every adult may participate after meeting the specified conditions.
- Public auction (objective aspect) - sale of things or rights by way of a public auction or public tender.
Who can submit an application to supervise an auction?
No subjective restriction. The organizer of the auction submitting the application to the bailiff may be, for example, an auction house, which organizes an auction of works of art.
Supervision over an auction:
- Auction process control (legal compliance),
- Control of the correctness of the announcement about the organization of a public auction or tender (indication of the time, place and conditions of the auction),
- Control of the payment of the bid security by the tender participant,
- Awarding the best offer.
Until December 31, 2018 | From January 31, 2019 | ||
---|---|---|---|
Enforcement against: - remuneration for work - bank account - pensions / disability pensions | 8% of the value of the enforced benefit | 10% of the value of the enforced benefit | |
Enforcement against other methods: - receivables - movable property - real estate | 15% of the value of the enforced benefit | ||
Payment of the debt by the debtor to the court bailiff | 15% of the value of the enforced benefit | 10% of the value of the enforced benefit | |
Discontinuance of the proceedings Discontinuance of the proceedings | 5% of the value of the benefit remaining to be enforced (the fee is borne by the debtor) | 5% of the value of the service remaining to be recovered NOTE! The creditor may prove that they have applied for redemption due to: 10% of the value of the service remaining to be recovered (deadline: less than a month, taking into account the above-mentioned requirements) |
In addition, the fee paid for the search for the debtor's assets is also changing, amounting to PLN 74.62 (2% of the average monthly remuneration) by the end of 2018. From the beginning of 2019 its amount has increased to PLN 100.
The Court Bailiff at the District Court for Warsaw-Śródmieście in Warsaw, Maciej Skowroński, kindly informs that as of January 1, 2019, the creditor has the right to choose a court bailiff in the area of jurisdiction of the court of appeal, where the bailiff's office is located, in accordance with the provisions of the Act of November 17, 1964 - Code of Civil Procedure, with the exception of:
- for enforcement against real estate;
- for recovery of real estate;
- for possession of real estate;
- for vacating premises, including residential premises, of people or things;
- in which the provisions on enforcement against real estate apply accordingly;
The indicated jurisdiction is based on the Act of March 22, 2018 on bailiffs, the provisions of which are to enter into force on January 1, 2019
Thus, the local court bailiff operating within the jurisdiction of the Court of Appeal in Warsaw, covering the area of jurisdiction of the Regional Court in Warsaw and the Warsaw-Praga Regional Court in Warsaw, may accept cases from the jurisdiction of the following district courts:
- District Court Grodzisk Mazowiecki
- District Court in Pruszków
- District Court for Warsaw-Mokotów in Warsaw
- District Court for the Capital City of Warsaw in Warsaw
- District Court in Piaseczno
- District Court for Warszawa-Śródmieście in Warsaw
- District Court for Warszawa-Wola in Warsaw
- District Court for Warsaw-Żoliborz in Warsaw
- District Court Legionowo
- District Court of Nowy Dwór Mazowiecki
- District Court Otwock
- District Court Wołomin
- District Court for Warsaw-Praga Południe
- District Court for Warsaw Praga-Północ
The creditor has the option of selecting a bailiff pursuant to Art. 10 item 3 of the Act of March 22, 2018 on bailiffs on the territory of the Republic of Poland, with the exception of cases for enforcement against real estate and cases where the provisions on enforcement against real estate apply accordingly.
Below is a list of streets where the Court Bailiff Maciej Skowroński (Warsaw-Śródmieście) is competent to conduct enforcement proceedings against real estate: