Regulation Of The Council Of Ministers Of 16 December 2003 On Detailed Principles And Mode Of Debt Relief, Postpone And Break Down On Installment And Reversing The Postponement Or Staggering Hp Nieuiszczonych Judicial Duties In The Proceedings Before T...

Original Language Title: ROZPORZĄDZENIE RADY MINISTRÓW z dnia 16 grudnia 2003 r. w sprawie szczegółowych zasad i trybu umarzania, odraczania i rozkładania na raty oraz cofania odroczenia lub rozłożenia na raty nieuiszczonych należności sądowych orzeczonych w postępowaniu przed są

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On the basis of article. 229 section 2 of the Act of 30 August 2002, the law on proceedings before administrative courts (Journal of laws No. 153, item 1270) are managed as follows: § 1. Regulation applies to claims arising from the nieuiszczonych court costs and fines courts in the proceedings before the Administrative Court, with the exception of the fines referred to in article 8. 154 section 1 of the Act of 30 August 2002, the law on proceedings before administrative courts, hereinafter referred to as "judicial duties".

§ 2. 1. Remission of the Court may be made ex officio or at the request of the debtor.

2. Deferment of payment or distribution of HP judicial duties may occur at the request of the debtor.

3. the period of deferral of payment or of rescheduling of judicial duties may not exceed three years.

§ 3. Judicial duties may be cancelled at the request of the debtor in whole or in part, if the debtor shows that because of their family situation, assets, and income is not able to pay, and the recovery of receivables by way of execution would cause for the debtor or his family the overcharge to property or other serious consequences.

§ 4. Judicial duties may be ex officio redeemed in part or in whole, if: 1) their execution has proved to be ineffective, and its bringing a case to court, it would serve no purpose;

2) levy of execution proved to be impossible, or it would be pointless to establish that the amount obtained from enforcement does not cover the costs of enforcement.

§ 5. 1. The payment of judicial duties may be postponed or staggered, if immediate recovery would be linked to unreasonable hardship or would result in an excessive burden on debtor's property or other serious consequences.

2. Distribution of HP or deferment of payment may be revoked if it is established that the payment of judicial duties may occur earlier, and also in the event of non-payment of any instalment on time.

§ 6. 1. the authority entitled to the remission of rescheduling or postponement of payment of the Court is the President of the provincial administrative court, which ruled in the case in the first instance.

2. The President of the Court, referred to in paragraph 1. 1, is appropriate also for the withdrawal of rescheduling or postponement of judicial duties.

3. The decision referred to in paragraph 1. 1 and 2, in the form of the order.

4. The order can be waived or changed by the President of the Court that issued it, in the event of a change of the circumstances of the case.

5. To issue orders of the President of the Court may authorize the Vice President of the Court, the President of the Department or another judge.

§ 7. 1. applications for remission, the distribution of HP or defer payment of court claims that the President of the Court referred to in § 6 para. 1, or to the Administrative Director of the courts.

2. The application shall include a statement of the debtor including accurate data about its financial disclosure and income, and if the application consists of a natural person, including its State, of income a spouse remaining in the commonality of the material with the debtor, and any other circumstances justifying application.

3. If the debtor's statement contained in the application is found to be inadequate to assess its actual payment options and marital status or in doubt, the debtor is obliged to submit to the call, in the period granted complementary statement or submit source documents concerning his State of matrimonial property, income or marital status and others that the requesting authority considers necessary in a particular case.

4. the Documents referred to in paragraph 1. 3, can be particularly copies of tax returns, real estate and construction, land, or lists of their bank accounts, including accounts and foreign exchange deposits, extracts from official registers, copies of current balance sheets, copies of judgments, wage certificates, prizes, fees, pensions, allowances, social insurance, social assistance or unemployment insurance and other charges and received benefits as well as loads and financial liabilities, in respect of the natural persons in addition information or copies of the interviews, family, drawn up by the social assistance centres.

5. The order of the request referred to in paragraph 1. 3, it seems like the President or the Administrative Director of the competent court.

§ 8. In case if there are conditions that give rise to the initiation of proceedings for the revocation of rescheduling or postponement of payment of legal or judicial write-offs from the Office, the Administrative Director of the Court presents a proposal on this subject with his position-the President of the Court.

§ 9. The regulation shall enter into force on 1 January 2004.

President Of The Council Of Ministers: L. Miller