Basic information on execution

So...

You probably already know about me that I was first a lawyer, then an executor for 10 years and now after three years in Thailand I have gone over to the "dark side" and partly returned to advocacy. In order to represent debtors (debtors) against my former colleagues, the bailiffs.

But more on that another time. My goal is to explain to you in my posts the basic information about what is the foreclosure procedure and how it works. Today I will tell you about the basic myths about bailiffs.

1. A bailiff is a state-appointed "enforcer". This means that if there is a decision of some state authority (most often a court decision, but it can be a fine, a payment order from a health insurance company or similar), and the debtor fails to pay, the bailiff is given a mandate by the court to collect the specific debt from the debtor.
2. The bailiff cannot recover "on his own", nor can he recover more (or less) than is stated in the decision which is the basis for the execution. This decision is called the Enforcement Order.
3. Neither the creditor nor the bailiff can decide which bailiff will recover the debt. The bailiff is chosen at random by the court from among all the bailiffs in the county.
4. Except in special cases where he would be legally excluded, a bailiff cannot decide not to execute an execution. He is bound to recover the debt, just as any public officer.
5. The bailiff is a public official. This means that he has the same protection in law as a police officer. And equally, he also has the same liability as a police officer should he commit a crime called abuse of power by a public officer.
6. There are many ways to execute an execution. We will discuss this another time.
7. In principle, the bailiff will first block all your assets and then inform you of the execution. Otherwise, the execution would probably be of little use - you would get a letter saying 'hello, I have started execution proceedings against you and in a week's time I am going to block your bank account...' You would certainly leave your money in the account. However?
8. Not accepting parcels will not help you in the execution, quite the opposite.
9. Most important of all, do not miss the deadline for filing objections to the execution. If you miss this, your chances of stopping the foreclosure will plummet.
10. That's it for now, I don't want to do more right now, I'm going to the beach.