Can the bailiff take the money from the EU subsidy? EU funds are very popular in Poland. Entrepreneurs from many different industries use them. Sometimes, however, beneficiaries do not know what problems they will have to solve.
This issue is so serious that it is increasingly discussed in various thematic forums. For this reason, we want to unravel all the complexities associated with it. Let’s find out if the bailiff can take the money from the EU subsidy? When can this happen?
Bailiff and sole proprietorship?
At the beginning it is worth specifying what a sole proprietorship is. In 2004, the Act on the Freedom of Economic Activity entered into force, which makes it possible to start a business for almost everyone. If the work we do is regular, organized and we conduct it on our own behalf in order to obtain financial benefits, we can call it a business activity.
Since we already know what the single-person business is all about, we can move on to bailiff operations. Usually the private revenues of the debtor, such as assets on a personal account, real estate or remuneration are used. There is no denying that this can easily lead to bankruptcy, because as a result the debtor, in an attempt to raise funds for his own maintenance, reaches for the company’s assets.
However, if we support ourselves from running a business, then the main source from which the bailiff will collect funds to cover debts will be the company account. In addition, company assets may also be seized. However, can the bailiff take the money from the EU subsidy? EU funding remains unaffected. How it’s possible?
There are many injured
It should be recognized that the described problem concerns a large group of people receiving EU assistance. If you find yourself in this situation, you probably wondered if the bailiff can take the money from the EU subsidy. There are really many people who have faced injustice. It is worth noting that subsequent stories such as whether a bailiff can take a bank account, published on the web differ from each other. This makes it easier to explore the entire broad spectrum of this issue. Tracing it will probably help many people.
The first example should be Mrs. Bożena, who obtained funds for the construction of a nursing home. Shortly after she managed to successfully go through the whole process, the bailiff took the money obtained for the private debts of the originator. She reported the case to the Supreme Court, which in turn ruled in her favor and thus the bill was unblocked.
This happened because it was considered that the transfers registered in the account were interpreted as the debtor’s private money. Meanwhile, it turned out that they were granted by the State Treasury for the purposes of implementing special objectives. In this way, the bank that was asking for these funds could not collect them against its claims against Bożena. The appeal against the bailiff’s decision was then considered justified.
Injured parties – another example
Mr. Wojciech met with a similar situation. However, he received a payment under support from the European Free Trade Agreement (EFTA). The same regulations as in the case of EU funds apply to the proceeds from this institution. It should also be clarified that in this particular case there were no problems related to the user’s failure to observe the procedures. He settled all the money properly.
They were allocated only for the needs of the created company, which was to solve the financial problems of the person concerned. Meanwhile, enforcement was initiated for these private debts. Therefore, subsequent tranches of EU subsidies were collected to meet the bank’s demands.
These actions should obviously be considered improper. No wonder they were found to be unlawful. A lot of such and similar situations have been revealed in Poland. Fortunately, in most cases the Supreme Court dispelled all doubts for people applying for cash from European funds.
How much can a bailiff take from a business?
As you know, being a boss yourself involves a lot of responsibility. The bailiff can take not only our company account, but also assets. Are there any restrictions? How much can a bailiff take from an account? The clerk has the right to take over money that was in the account on the day of the decision, but also the money that will not affect it. However, there is no complete freedom in these activities.
Must leave the debtor each month 75% of the gross minimum wage applicable in a given year. Currently it will be PLN 1575 gross. What cannot the bailiff do? The exception is the money from the EU subsidy. As for the company’s assets, he is obliged to leave the tools and materials necessary to do the job. If we make the right request, it will also be possible to leave an amount covering employee salaries.