How to Talk to a Bailiff So You Don't Lose Your Machines
A bailiff's visit to the company is not a time for panic, but for pulling out specific documents. Since September 2017, we have extracted 217 entrepreneurs from such troubles by showing them that an official must stick to rigid regulations. If you have a plan for Tuesday and know what to say, your machine park will remain safe even with high debt.
The first 7 days are the time for cold calculation
When a yellow notice from the court lands in your mailbox, you have exactly 7 days to react before the bureaucratic machine moves into full gear. Most business owners make the same mistake: they hide their heads in the sand and stop answering calls, which for the bailiff is a signal to seize movables. In March 2023, we worked with a sawmill owner from around Tczew who had 84,320 PLN of debt in ZUS and stopped opening letters. The bailiff appeared at his workshop with police assistance, ready to seal machines worth over 190,000 PLN.
Instead of running away, we prepared a full list of machines with proof of their necessity for ongoing production in 48 hours. We calculate with cold logic: if the bailiff takes your formatting saw, you won't finish orders for clients, and thus won't earn a penny to pay off the debt. This is a logical argument that reaches most officials, as their goal is not to collect old equipment but to recover cash. The key is to present a repayment schedule that isn't pulled out of thin air but is based on your real margins from the last 4 months.
Debt is not a life sentence, provided you stop avoiding contact and start operating with hard numbers before the official.
Article 829 KPC as your main safety fuse
In Polish law, there is a provision that protects tools necessary for the debtor's personal gainful work. This is Article 829 of the Code of Civil Procedure, which is often ignored by debtors out of fear. This regulation states clearly that items needed for professional work for a period of two weeks are excluded from execution. In practice, this means that if you run a car repair shop, the bailiff has no right to take your only lift if you prove that without it you'd close the business overnight.
In July 2024, we saved a backhoe loader this way for a client from Pruszcz Gdański. The bailiff tried to seize it for a debt of 112,840 PLN to a fuel supplier. We proved that the machine was in constant use on 3 construction sites and downtimes would generate contractual penalties exceeding the value of the debt itself. Remember, however, that this argument only works if you are actually working on that equipment. If a machine has been sitting dusty in a corner of the hall for 9 months, the official will stick a red sticker with a stamp on it without hesitation.
Heads-up: The bailiff is not your aunt; don't count on sympathy, only on paragraphs and invoices.
How to make a repayment offer they won't refuse
Negotiations with a bailiff's office require specifics, not empty promises. If your average monthly net income from the last 12 months is 14,300 PLN, don't declare that you will pay back 12,000 PLN monthly. Banking and tax systems will quickly show that you are lying, and the bailiff will lose trust in you and move to auction. It's best to propose an authenticating payment — for example, 3,500 PLN transferred even before the first visit to the office. This shows you have a plan for Tuesday and treat the case as a priority.
In 2024, the average time to reach a settlement in cases handled by Capital and Logic was 13 business days. It's important that during the talk in the office, you use the case reference number, e.g., Km 124/24, and talk directly to the assessor handling the case, not just the reception. Prepare a summary of your fixed costs: electricity, hall rent, leases, and wages for 4 employees. Show how much is left 'in hand' and what part of that amount you are able to give back every month without risking the company's collapse. Zero fluff, just financial facts.
The bailiff prefers steady payments of 2,000 PLN a month over an uncertain auction of an old machine for a fraction of its value.
Documentation that closes the seizure topic
Before the bailiff crosses the threshold of your company, you must have a binder with a complete set of documents. The most important are lease and rental agreements — the bailiff cannot seize equipment that you do not own. It often happens that assessors put everything they see in the hall on the seizure list, counting on the owner not protesting. If you have a machine under an operating lease, immediately show the contract and the last proof of installment payment. This cuts the discussion in 47 seconds because the official knows that execution from someone else's property is illegal and easy to challenge.
Additionally, it's worth having current contracts with clients handy, confirming that the machines are in use. If you have an order to produce 1,200 parts for a client from Germany for September 2025, show this as evidence of future inflows. This is a stronger argument than any pleas for mercy. By the way, it's also worth keeping a simple log of conversations with the bailiff, recording dates, names, and arrangements. In case of any future inconsistencies, such a notebook can be key evidence in court when filing a complaint against the bailiff's actions.
