PPE 4/2022
Poszukiwanie przez komornika sądowego aktualnego adresu zamieszkania pozwanego na podstawie art. 3b Ustawy o komornikach sądowych
Joanna Lipińska
doktorantka w Katedrze Postępowania Cywilnego II WPiA Uniwersytetu Łódzkiego; ORCID: 0000-0002-9457-0842
Dowiedz się więcejABSTRACT
The Process of Determining the Current Address of Residence of the Defendant by the Bailiff Pursuant to Art. 3b of the Act on Court Bailiffs
This article discussed in detail the process of determining the current address of residence of the defendant by the bailiff. It was explained when it is possible to submit an application for measures aiming at determining the current address of residence of the defendant and what requirements should be met by such application. One presented the possible results of the process of determining the current address of residence by the bailiff and indicated the further steps to be taken by the plaintiff, depending on the outcome of the bailiff’s activity. Comments of a de lege ferenda nature were also made among other on the consideration of the possibility of constructing an open catalogue of entities to which the bailiff may turn in order to obtain the necessary information about the current address of residence of the defendant as well as ways to enable bailiffs to determine the current address of the defendant.
This article has been developed on the basis of the applicable legal regulations contained in the Act on Court Bailiffs, in particular in Art. 3b. At the same time, the previous literature was used, as well as the achievements of the law firm in which the author is employed.
Keywords: determining the current address of residence of the defendant, current address of the defendant, service by bailiff