PPE 1/2022
Miarkowanie opłaty egzekucyjnej za egzekucję świadczeń pieniężnych – zagadnienia wybrane
Joanna Szachta
doktorantka w Instytucie Nauk Prawnych Polskiej Akademii Nauk w Warszawie, ORCID: 0000-0002-8042-8212; prawnik w kancelarii komorniczej
ABSTRACT
Moderating Enforcement Fees on Pecuniary Claims – Selected Issues
This study discusses the issue of moderating enforcement fees for enforcement of pecuniary claims (art. 48 of the Act on bailiff fees). This regulation enables to reduce an enforcement court fee determined by a bailiff correctly upon request of a party. A basis for submitting an application is a decision of a bailiff; therefore, the reduction may concern fees that have been already collected. A catalogue of reasons that make it possible to grant an application for the reduction of fees by a court is a closed one, and it includes: the labour input of a bailiff, a property situation
of a debtor and his income.
A basis for an application for moderating fees has been presented in particular as well as limits of moderation, entities that are entitled to submit an application and a deadline for its submission, and the suitability of applying regulations on a complaint. It has been analysed whether it is admissible to apply art. 759 § 2 of the Code of Civil Procedure if a court grants an application filed under art. 48 of the Act on bailiff fees.
The uniqueness of the institution of moderating enforcement fees has been noted against other laws – the Act on court costs in civil cases and the Act on enforcement proceedings in administration. Due to doubts raised in the article concerning the moderation of fees determined under laws, the need to revoke art. 48 of the Act on bailiff costs has been suggested.
Keywords: moderating enforcement fees, reducing an enforcement fee, exemption from enforcement costs