Providing the bailiff with the employee’s personal data

A common situation that clients of our accounting office encounter is receiving a notice from the bailiff about the seizure of wages. In such a letter, the bailiff calls on the employer not only to transfer the due part of the employee’s wages towards their debt, but also to provide the bailiff with a number of information regarding the debtor. Does the employer have the right and obligation to provide the bailiff with the employee’s data, e.g. their residential address, telephone number, bank account number or NIP number? Is such data protected?

The bailiff conducting the enforcement is authorized to obtain from all institutions and persons information regarding the debtor’s financial status or enabling the identification of components of their assets and address data to the extent necessary to carry out the enforcement. This results directly from art. 761 § 1 of the Code of Civil Procedure. The employer is therefore obliged to respond to the bailiff’s request by indicating the data requested by the bailiff. In the event of failure to fulfill this obligation, the bailiff may impose a fine of PLN 5,000 on the employer. This is based on art. Article 886 § 1 of the Code of Civil Procedure. Therefore, in order to avoid a fine being imposed on him, the employer is obliged to provide the bailiff with an answer to the extent requested by him, within 7 days from the date of delivery of the letter to the employer.

If, as part of your business, you encounter problems related to hiring employees, we invite you to our accounting office in Krakow and our accounting office in Warsaw, where we provide accounting services as well as HR and payroll services.

Bookkeeping office in Warsaw

PHONE: +48 22 292 47 21
EMAIL: biuro.warszawa@prwt.pl

Bookkeeping office in Krakow

PHONE: +48 12 345 21 06
EMAIL: biuro.krakow@prwt.pl

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