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CAN SOME ONE GIVE ME FREE POLISH LEGAL ADVICE ON BANKRUPTCY?


polomintz 2 | 46
27 Jan 2010  #1
I have a boyfriend in poland who suffers from a Bipolar disorder and has previous alcohol problems also! He recently lost his job and has creditors chasing him for a 3000zlt debt! He has no way of paying the funds. I am scared of him facing jail and I dont want him go down that route!

Please help some one! so I can pass this on to my boyfriend
Ziemowit 12 | 3,588
27 Jan 2010  #2
I strongly doubt if he may go to jail for not paying 3,000 zl of debt! A bill on consumer (individual) bankruptcy was passed not so long ago in Poland, but I am not able to give you any details on that (please search the internet in Polish).

His real problem may be alcohol depedency rather than the 3,000 zloties he owns someone. But you say he has stopped drinking, so let's assume you are well informed on that.
jonni 16 | 2,485
27 Jan 2010  #3
Exactly. People do not go to jail for debts. Unless it's an unpaid fine or child maintainance. A bit more information about the nature of the debt would be useful.
Harry
27 Jan 2010  #4
There is no way in hell that he's going to prison and as far as I know you can't declare bankruptcy for a debt that small (you could try but the judge would tell you to stop wasting the court's time). What he needs to do is contact his creditors and work out a payment scheme, something like 50 zloty a week for 60 weeks or 200zl a month for 15 months. The main thing is to not borrow more money to repay the existing debt with: there are people who will lend that much money to him but you really do not want to borrow from them.
OP polomintz 2 | 46
27 Jan 2010  #5
ok - he has an unpaid fine - about 60 pounds in his money without a job - yikes!

He lost his job way back in january - he has been working on and off for so many years. 2 years ago, he borrowed a 2000 pln personal loan. He has paid a little over 1000 pln which leaves 2337.60 pln. He has no possessions - only clothes and shoes and he lives with his sister! Untill he lost his job, it took a toll on his mental health. He suffers from a bipolar disorder and he was really down in his luck he eventually hit the drink and this was not a cause of mental health - it has enhanced it due to his poor situation. He is not drinking as much as he used to which is a good thing!

He says that if he cant sell his posessions and there is no way of paying his debt, he could face jail!

what i found under the new bankruptcy law of poland

"The new statute allows individuals to file for personal bankruptcy only in extraordinary circumstances that are beyond their control, such as unexpected illness, loss of employment or theft. Individuals who lose their property due to alcoholism or other addictions are not eligible to file for bankruptcy protection, as is likewise the case for those who were terminated from employment “for cause” or by way of settlement with their employer"...

Given the circumstances, is there any way where the courts can relax the situation? Given the fact he has a mental health issue which is out of his control. Also he lost his job because mental began to deteriate and they basically paid him off.
jonni 16 | 2,485
27 Jan 2010  #6
The fine is an easy matter. He should write to the issuing court and ask for 'raty'. Thousands of people do this, and the payments are sometimes suspended in cases of hardship - especially if there is a health issue involved.

About the loan, where is it from, a bank, a company like Skok, an agent of Provident Polska/GE Money Bank, or an independent moneylender? This is very relevant.
OP polomintz 2 | 46
27 Jan 2010  #7
jonni

hello there

thank you very much

ok he is with the provident - independant money dealer, he says it was on raty everything was ok when he had a job, now he doesnt have an income PERIOD!!! no state benifits - bugger all! from what he says its too late now! so there must be some way round it - what can the polish courts do? if your all claiming he cant be put in jail, he cant file for bankruptcy, well he can try but the courts will turn around and say waste of time!

what can the courts really do to him?
Harry
27 Jan 2010  #8
2 years ago, he borrowed a 2000 pln personal loan. He has paid a little over 1000 pln which leaves 2337.60 pln.

This is why money lenders should be avoided.
jonni 16 | 2,485
27 Jan 2010  #9
Provident Polska is the Polish subsidiary of a British company called Provident Financial. They have a very poor reputation and have been the subject of documentary films on British TV and questions in parliament, especially about making loans to people who should not (and often legally do not) have access to credit. Part of my old work back in the UK was connected to people on the District Mental Handicap Register who had been illegally given loans by Provident agents even though they were not allowed to sign contracts and did not understand the concept of a loan.

Their business model is quite clever. They do not lend money to borrowers, they lend it to agents, and carry out marketing and legal services on the agents' behalf. The borrower's contract is with the agent - whether the agent is ethical or not.

One particular criticism is that if people pay late, the interest can skyrocket and the borrower can end up paying many times the value of the original loan.

My advice would be to pay the Provident loan as quickly as possible to avoid compound being added; pay it in small stages, but pay it quickly and then worry about the fine. A registered letter to the court (or drop it off and get a stamped acknowledgement from reception) asking for installments (perhaps followed by a letter asking for suspension of installments) is important.

One bit of light in a dark story is that the process of legal debt collection in PL is very slow - a court order can take a long time, and since your b/f has Bipolar, this may help in any court case.
golddigger
27 Jan 2010  #10
In poland there are some licensed debit collectors(i consider them as bounty hunters in USA) once after the court order they can come to your house and take your belongings worth the amount or even your property (ofcourse with legal channels) cuz I happen to meet one of those guys who work on commission basis legally you have to find out yourself about it more
Harry
27 Jan 2010  #11
Provident Polska is the Polish subsidiary of a British company called Provident Financial.

They are indeed utter scum.

Personally I'd write them a letter telling them that either they can freeze the interest rate right now and he'll pay the debt in weekly installments or they can take him to court and get bugger all because there is nothing to have.

I happen to meet one of those guys

Yet another of your superb business deals went wrong did it Deepak?
OP polomintz 2 | 46
28 Jan 2010  #12
ok dokey

cheers for the advice on that xxx
pawian 161 | 9,906
17 Aug 2019  #13
CAN SOME ONE GIVE ME FREE POLISH LEGAL ADVICE ON BANKRUPTCY?

Consumer bankruptcy has been possible since 2016. I don`t know the details cause never needed one, but I am sure you will find plenty of articles on it.

filipiakbabicz.com/restrukturyzacja/en/2019/07/26/changes-in-consumer-bankruptcy/


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