The media are increasingly reporting more scandals involving the bailiff, and debtors are wondering if they are in danger of being imprisoned for debts. Unfortunately, I have to worry you, such a turn of events can take place, and the good news is that debt must be really big and “inflated” on purpose. and here consumer bankruptcy will not even help you!
Prison for debts?
I saw myself behind bars from the first past due invoice. The payment deadline was barely over and I was dying of fear. I was convinced that the creditor was aware every second that his payment would expire. Of course, nothing bad happened and I have lived many long years in fear, but in the wild. Maybe you can’t sleep too, because you are tormented by visions of the sky viewed through prison bars. Maybe you think how nasty this food will be, whether someone will visit you there and how the family will accept such a change of mailing address.
Or maybe it is that someone – a suspected debt collector or a bailiff who does not use illegal legal acts – scares you with the vision of imprisonment if you do not pay your debts? If so, at this point they not only miss the truth, but also use unlawful methods of intimidation. According to current law in Poland, debts were not and are not a direct cause of imprisonment. However, there are situations, indirectly related to debts, which may be the reason for limiting the debtor’s freedom.
When are you in jail for debt?
Roughly speaking, there are 3 situations in which as a debtor you can face a prison sentence:
- Phishing fraud – fraud, providing false information. If the debt that is the subject of debt collection, the debtor has received in an unlawful manner, passing the truth, etc. Banks have certain conditions related to the possibility of obtaining a loan (eg the amount of income, which, as I showed in the entry Credit in mBank, is a fiction) and if you cheat to meet these conditions, take your vacation outside the walls .
- Deliberate evasion of obligations, ie showing the debtor that the mother – sells, gives away things that are or may be the subject of bailiff’s seizure. Any deliberate and proven depletion of your property so that it does not fall into the hands of a bailiff can end up in prison. Here I refer you to Article 300. Obstructing satisfaction of a creditor of the Penal Code.
- Maintenance – if the parent evades paying maintenance – does not take up paid work, works in black, etc., commits a prosecuted crime at the request of the injured party. Persistent non-maintenance is punishable by a fine, restriction of liberty or imprisonment for up to 2 years. Here I refer you to Article 209. Evasion of the maintenance obligation of the Penal Code.
Are you safe then?
If points 1, 2, 3 do not concern you – you can sleep peacefully. You are not in danger of being in debt!
There is still a somewhat unique issue related to the debt arising from non-payment of a fine, if you are interested in this issue, I will send you to the article: Unpaid court fine, after what time?