On 6 January 2012, the Code of Civil Procedure was
amended in accordance with statute effective on
April 28, 2011(Journal of Laws No 138, pos. 807).
The amendment introduced an internet notice
requirement for auctions of real property seized in
the course of enforcement proceedings. The concept
of this amendment was first proposed in the previous
Parliamentary term by the “Friendly State” Special
Commission. Members of Parliament contended that
requiring new forms of public notice in foreclosure
auctions will have a “positive economic effect”.
In Poland seizures and auctions of real property are
conducted by nationally registered bailiffs. Until
now, under the provisions of the Article 955 § 1 of
the Code of Civil Procedure the bailiff was required
to give public notice of real estate auctions in three
forms: in the court building (on the bulletin board),
in the local municipal building and in a widely read
local news publication. The amendment added the
requirement to post auction notices on the National
Council of Bailiffs website. The amendment did not
change the requirement that notices need to be
posted at least two weeks prior to the date of auction.
It is of noteworthy mention that bailiffs have
operated a website on which notice of planned
auctions has been voluntarily given since 2008. In
light of the new notice requirement the National
Council of Bailiffs has created an official website –
auction announcements (www.licytacje.komornik.pl). The
new website contains notices and information about
all real estate auctions conducted by bailiffs in
Poland. Although it is not statutorily required, the
new page also posts notices and information about
auctions of seized personal property. This website is
integrated with the systems supporting the operation
of bailiffs’ offices and allows bailiffs to post, update,
and delete the auctions notices. Access to the site is
free to all interested parties.
The purpose of this website is to inform the widest
possible circle of people potentially interested in
acquiring the goods to be auctioned. Consequently,
this is intended to increase sales of seized goods,
obtain the highest possible prices and most
importantly, fully satisfy creditors’ claims. Until
now, sales of real property through auctions have
been usually ineffective. The National Council of
Bailiffs reported that in 2011 approximately 100
thousand properties were seized of which only 3,7
thousand were sold. The internet posting requirement
is about to facilitate faster fiscal execution of
pecuniary claims.
The bailiff community has also reacted favorably to
this amendment. “This broadens the circle of
persons who will receive notice. The Internet is a
very sound medium and becoming more common” –
heard the Polish Press Agency from Krzysztof
Dolny, the vice-president of National Council of
Bailiffs.
Currently, bailiffs’ auctions are held orally in public
with the personal presence of all bidders and under
the supervision and with the presence of a judge. The
Ministry of Justice’s Civil Law Codification
Commission has already prepared a proposal to amend the Code of Civil Procedure and allow future
auctions to take place electronically on the Internet.
MILLER, CANFIELD,
W. BABICKI, A. CHEŁCHOWSKI I WSPÓLNICY SP.K.
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81-366 Gdynia
Tel. +48 58 782-0050
Fax +48 58 782-0060
gdynia@pl.millercanfield.com
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Fax +48 22 447-4301
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50-125 Wrocław
Tel. +48 71 337-6700
Fax +48 71 337-6701
wroclaw@pl.millercanfield.com
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