The debtor’s position in the context of the execution from his bank account during enforcement proceedings in administration – selected issues

Abstract

This article concerns enforcement proceedings in administration conducted from the debtor’s bank account. The article discusses the content of the applicable legal norms, the jurisprudence and the practice of applying the provisions. The article shows current solutions and points to emerging problems. There is emphasized that unauthorized executions, although not a common practice, may lead to a number of problems among citizens, negatively affecting their situation in many respects. The article also presents proposals for regulating a number of aspects. This is to improve the situation of people against whom enforcement is carried out, in particular when (regardless of the reasons) it is unjustified. A number of practical solutions are also proposed here, which, combined with appropriate legal norms, can lead to a significant improvement in the situation of debtors.