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Debts that might not have been there

Beware of debt collectors who demand repayment of old debts - claims may be unfounded. But the debt collector seizes the account on the basis of a judgment.

- A fortnight ago a bailiff seized my husband's account because he allegedly rode a bus without a ticket in 2010 and did not pay a ticket," says Mrs Maria from Bydgoszcz.

He wasn't riding a stowaway

- The problem is that he does not remember such a situation at all. He insists that he wasn't driving. He is a pensioner, has a heart condition and is not in the habit of walking away from home by himself. Besides: how can someone with a first group disability be fined? After all, he has the right to travel without a ticket. Before, no one informed us that there was a debt, and only after seven years? Now 500 zloty has disappeared from the account, which is a lot of money for us,' a woman from Bydgoszcz is upset.

A bailiff seizes an account on the basis of a court judgment. - In this situation, you need to file an objection to the payment order at the court's registry office, advises bailiff Robert Damski. - In your objection you should state the title of the judgment and argue that your husband was not properly summoned to pay the debt, which may not have arisen at all. As evidence, it is worth attaching the decision of the Social Insurance Institution (ZUS) on the granting of the pension and the rules and regulations of MZK travel, from which it follows that the pensioner is exempt from payment.

It is worth adding that such a passenger must travel with a certificate confirming his or her disability in order to be able to present it at the check. Failure to do so will result in a fine.

Mąż Pani Marii dostał pismo od komornika, ale inny czytelnicy opowiadają, ze otrzymują wezwania do zapłaty długów sprzed lat także z firm windykacyjnych.

- I really don't want to believe that I didn't pay my phone bill in 2012," argues Piotr from Janikowo. - I usually pay my liabilities. The debt collection company claims otherwise and after years suddenly makes me pay PLN 1,200. I do not agree with this.

They will help on the hotline

If you receive such a demand for payment, you must request in writing that the debt collection company explains under which contract it is asserting its claim. If it is unwilling to do so, you can ask the municipal consumer ombudsman for assistance. The ombudsman will apply to the creditor on your behalf for a copy of this contract.

If it turns out that the signature under the contract does not match that of the debtor, the matter should be reported to the police, as this means that someone has used our personal details to take on a debt.

- If a debt collection company takes such a case to court, it is essential to defend and challenge its position - suggests Małgorzata Anisimowicz of PMR Restrukturyzacje law firm - otherwise, we may end up with a judgment, obviously wrong, becoming final against us. Challenging it later is often very difficult, if not impossible.

If someone was once a client of a company with which he or she is allegedly indebted, he or she should check whether the claim is time-barred - in which case the debt cannot be claimed in court.

The material appeared in the Gazeta Pomorska:

18 August 2017:
" Debts that might not have been there

PMR in the media

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