During enforcement proceedings, it often happens that the debtor lacks the funds to continue pursuing the case, which ultimately leads to its dismissal. This is not good news for the creditor, especially since their claim, confirmed by a final court judgment with an enforcement clause, is perfectly legitimate. Therefore, we are dealing with a situation in which the bailiff returns the enforcement title, but the claim remains unsatisfied, and it may seem that these funds will never be recovered.
Discontinuation of the proceedings, however, does not necessarily mean debt discharge and does not necessarily mean the final conclusion of the case. The creditor has the right to resubmit a motion to initiate enforcement proceedings, specifying the scope of enforcement, as the bailiff acts solely on the basis and within the limits of the filed motion and enforcement title. This is subject to the applicable statute of limitations, which, in the case of final court judgments, expires six years from the date the judgment becomes final – however, it should be noted that the statute of limitations falls on the last day of the calendar year in which the statute of limitations expires. The situation is different for interest, as this period is generally three years.
In what situations might reopening proceedings be justified? Primarily, when the debtor's situation has changed, for example, they have taken up employment, inherited assets, or their financial situation has otherwise improved. However, the creditor does not always have access to this type of information; often, the debtor is unknown to them. Therefore, the only option may be to reopen the proceedings, in which the bailiff determines the debtor's assets based on information known from other proceedings, either based on publicly available sources of information or registers accessible electronically, or by requesting the debtor to submit a list of assets. If the above-mentioned procedures fail to identify assets sufficient to satisfy the demanded claim, the creditor may request the bailiff to search for the debtor's assets (e.g., at the debtor's registered office or place of residence).
Reinitiating enforcement proceedings requires the creditor to incur costs in the form of an advance payment for expenses related to the application. A search for the debtor's assets is also subject to a fee. In certain cases, there is a chance that the debtor's situation has improved, which may result in seizure and subsequent partial or full settlement of the claim, including reimbursement of incurred expenses. Importantly, filing a motion to initiate enforcement interrupts the limitation period, and a new period does not begin and is counted only from the moment the decision to discontinue the proceedings becomes final. It is worth considering this type of action, especially since the cost of the advance payment can be relatively low compared to the amount awarded by the enforcement order, and initiating the proceedings can offer a number of benefits.
