Walker Love is a firm of Messenger-at-Arms and Sheriff Officers, being the authorised judicial officers in Scotland for the hand service of legal documents and enforcement of civil judgments.

We also provide a range of pre-court enquiry services, debt recovery / amicable collection, tracing and highly professional investigation services to both our Scottish and international clients.

Walker Love is a 3rd generation family business which began trading Glasgow in 1946. From humble origins, our business has continued to expand by way of strategic acquisitions, mergers and organic growth. The firm is now a nationwide market leader with eleven local offices throughout Scotland. We are the largest partnership of its kind in Scotland wholly owned and controlled by Judicial Officers.

Citation & Diligence - For over 65 years Walker Love has provided comprehensive Citation and Diligence services to principal firms of solicitors and other professional services businesses across Scotland. Through our international network, Connexx, we now provide our clients with debt recovery, Citation (process serving) and Diligence (civil enforcement) services throughout Europe and beyond.

Our services include:

• Debt Recovery
• Pre-sue and insolvency enquires
• Hand service of legal documents throughout Scotland.
• Intimation of statutory notices
• Execution of Diligence (Judgement enforcement)
• Witness tracing and Citation
• Evictions and repossessions

We have the resources, experience and local knowledge you require to provide an efficient, sensitive and professional service which will not only meet but exceed your requirements.

National Coverage - We have over 40 Sheriff Officers and Messengers-at-Arms, operating from 11 offices throughout the whole of Scotland, thereby providing a truly national service.

Quality Assurance - Our firm presently holds several externally verified quality assurance standards, including: Investors In People, UKAS ISO27001 and ISO9001.

Social Responsibility - Walker Love is committed to tackling not only the impact of debt on individuals’ lives but also the causes of debt and its wider consequences. The firm has established links with Money Advice, Citizens Advice Scotland and fully supports the Scottish Government’s policy in this area by providing individuals experiencing financial difficulties with information and onward referral advice to help them improve their situation.

Our Values - Walker Love has a duty and responsibility for enforcing the civil law in Scotland and our values represent the very essence of our firm. We treat our clients, and by extension their customers, ethically and fairly and we deliver the firm’s values in all that we do.

Debt Recovery Services - Whether it is simply an overdue account or a difficult hard-core debt, our debt recovery specialists have the expertise, wherewithal and access to the right business and personal intelligence databases, to retrieve your debt as quickly and efficiently as possible.

We provide debt recovery services to a range of businesses, financial services institutions, utility companies, professional services firms, public sector bodies and government agencies.

Our experienced debt collectors will provide you with an initial assessment of your debt position and recommend the best approach to recovering your debts. The type of approach we take to recovering your debts will be dependent upon your specific business circumstances, and relationship with the debtor e.g. in terms of their future business potential, and our expert advice regarding the debtor’s propensity to pay.

We will target our resources and debt recovery methods effectively and cohesively to trace, maximise collection and minimise your financial outlay and disruption to your cash flow. Our debt recovery and enforcement services are compliant with all statutory regulation and Government and OFT guidelines.

Raising Proceedings in Scotland - Where amicable collection has failed and enquires have led us to believe that the debtor has suitable assets and income, then we can instruct a solicitor ( lawyer ) specialising in debt recovery, to initiate a court action normally in the court jurisdiction where the debtor is located. Needless to say undefended actions proceed very quickly, however if the debt is disputed then there will be a judicial process which will take several months to complete. As each case is different, this will dictate the length and cost of the legal process.

Enforcement Options - Where we have taken a debtor to court and obtained decree ( judgement / enforceable title ), then our highly professional Sheriff Officers will initiate the most effective enforcement process, dependent on the debtor’s individual circumstances, which may include :-

Arrestment of Earnings – an employer will receive an arrestment schedule on your behalf instructing them to deduct money from the debtor’s wages until the debt has been repaid.

Bank arrestment – you can arrest a bank, building society or credit union account. The money will be frozen and removed at this point and the debtor will not be able to make withdrawals or make other payments.

Other arrestments – creditors can arrest both goods and money which are in the hands of a third party including movable property.

Attachment – a creditor may instruct a Sheriff Officer to attach items owned by the debtor which are kept outside dwelling house, such as a motor vehicle. Once attached the debtor cannot do anything with these items which can then be sold to help pay off the debt.

Inhibition - against the debtor’s home – this will stop the selling or transferring of ownership or taking out other loans secured against the property.

Bankruptcy – a creditor can petition the Sheriff Court to make the debtor bankrupt, however the debt must be at least £3,000 (including interest and charges).

Costs - In respect of amicable collection, unless there is a suitable provision contained in the terms and conditions of any contract with the debtor, then any commission charged on sums collected is not chargeable to and recoverable from the debtor.

In respect of suing and enforcement, the general principal in Scotland, is that the debtor is required to pay the reasonable costs of the court process and also the Sheriff Officer’s highly regulated enforcement fees.

We will always endeavour to provide an indication of the anticipated fees at the point of instruction, however we have no way of anticipating the level of resistance from the debtor, which will ultimately dictate the time and effort required to bring the matter to a satisfactory conclusion.

For more information, visit our website www.walkerlove.com

The legal chamber Leszek Czarny, Wojciech Budny and Partners limited partnership was founded in 2003 and its partners are: Leszek Czarny, Wojciech Budny and Michał Kuryłek.

The Office renders services to individuals and legal persons. Among the wide range of clients there are, apart from domestic entrepreneurs, also foreign subjects.

DEBT MARKET IN POLAND

HISTORICAL OVERVIEW

Rapid development of the recovery and debt trading market in Poland took place after the year 1990, as a result of the country's economic transformation. Initially, the activities of debt collection companies expanded in two main directions:
• trading of debts of large state-owned enterprises, mainly from the heavy industry sector (mines, smelting plants, arms industry) - main factor affecting the development of this market segment was the possibility of settling tax liabilities with the acquired claims against the State Treasury,
• trading of claims against the national health care service.
Since the mid-90s, interest in commercial receivables has rapidly grown, which in the subsequent years resulted in a dynamic development of companies involved in handling this type of debt.

DEBT MARKET SEGMENTS

Division of the debt market into segments can be done due to, among other things, the type of debt.
According to the most commonly used classification we can distinguish:
• mass debt market (consumer - B2C)
• business debt market (B2B)
The consumer debt market (B2C), also called the mass debt market, refers to the debts of individuals (abbreviation B2C Business-to-Consumer is the name of the relations between a company and a customer). The term concerns debts in the business sector, financial sector, telecommunications and energy sectors. It usually refers to the low-value obligations of households, i.e. invoiced liabilities (telecommunications, gas, electricity), loans, insurance premiums, etc.
The business debt market (B2B) refers to debts of companies (liabilities of enterprises due to other enterprises) related with delivery of goods and services. B2B receivables, unlike B2C, do not have a mass character (the number of debtors in a single creditor is usually small), while the average value of one commitment is significantly higher than in the case of consumer debt.

BUSINESS MODEL

• Purchase of debt portfolio,
• Encashment (commissioned recovery),
• Collection on one’s own.
Purchase of Debt Portfolio - Debt changes its owner and the debt collection company in charge of the debt, assumes the entire risk associated with managing the receivables, and operates in its own name. It is a very expensive business because collectors need to have means to purchase debt portfolios, but they are also able to select a recovery strategy, and they may use such tools and methods that suit them in the longer perspective than the Encashment model. The business model in force since 2005.

Encashment (commisioned recovery) – collection agency operates to its client’s order, i.e. the creditor (the person or company to which we owe money) instructs its debt collection. Debt collection agency recovers the debt on behalf of the creditor, against payment contingent upon the successful negotiation of the debt repayment. Methods and tools for recovery must be agreed with the person ordering the recovery and the duration of recovery is usually shorter than in the case of debt portfolios recovery. Predominant business model up to 2005.

Collection on one’s own - ruling model in the 90-ties of the last century.

MARKET GROWTH FORECAST

• Increased value of loans granted,
• Increased tendency of creditors to outsource debt recovery,
• Growing number and value of debt buying transactions.

SUMMARY

Domestic companies are still growing rapidly, banks are increasingly willing to sell still new debt portfolios, and large multinational companies have joined the struggle for the receivables on sale. In this context, it is not surprising that the Polish market is held up as a model for other countries in Central and Eastern Europe, and it is no longer perceived as a developing market, but a mature one.

The mere glance at the figures shows that over the years, debt trading in Poland has become a serious and profitable business.

It is estimated that still in 2011-2012, retail portfolios with a nominal value of about PLN 7 billion were sold. Today, one can talk of a supply of up to PLN 16 billion. Moreover, it is possible that in the coming years, this result will be further improved as sill relatively few portfolios secured by mortgages get on the market.

For more information, visit our website: www.czarny-budny.pl

According to the Estonian law of enforcement procedure the judicial officers, who carry out execution proceedings, are called bailiffs (in Estonian: kohtutäiturid). The bailiffs have independent and liberal status. The profession and admission to it are strictly regulated – bailiffs are operating under deontological, disciplinary, and professional rules for which they are required to take out liability insurance coverage. They are appointed by the Ministry of Justice. There are approximately 52 judicial officers, spread across the sixteen regions that make up the territory of Estonia. They are attached to a territorial jurisdiction.

There are several laws in Estonia that regulate the enforcement procedures. The most basic law that bailiff relies on in the procedures is the Code of Enforcement Procedure (hereinafter referred to as CEP). Enforcement proceedings can only be started on basis of certain enforcement instruments (for example court judgments and rulings; administrative acts; notarized agreements and so on). Full list is stated in section 2 of the CEP. With each enforcement instrument the bailiff is obliged to check, whether the enforcement instrument complies with the requirements of law. Nevertheless the bailiff does not have the right to substantively analyze the claim. Therefore one of the fundamental principles of enforcement procedures is formalization, which basically means that the bailiff is justified to give legal opinions only on the matter concerning the enforcement procedures and their compliance with law, but no more. So if any question arises about the warranty of the claim then the debtor and the claimant have to sort it out between themselves or with court’s aid.

Starting of enforcement proceedings

Enforcement proceedings are usually started on the basis of application for enforcement and the enforcement instrument. In addition to formal check of enforcement instrument it is important to verify whether the debtor (or debtor’s property) resides in bailiff’s territorial jurisdiction. In Estonia there are four territorial jurisdictions (Harju, Pärnu, Tartu, Viru).

After opening the enforcement file bailiff delivers an enforcement notice to a debtor. There are several ways of delivering the documents to the debtor including personal delivery, delivery via e-mail, internet and so on.

Term for voluntary compliance and bailiff’s fee

After the documents are delivered the debtor will always be given some time to pay the claim or voluntarily comply with the enforcement instrument with the enforcement instrument. According to CEP §25 subsection 1 the term for voluntary compliance cannot be shorter than 10 days or longer than 30 days. The term can be prolonged with the consent of a claimant.

During the term for voluntary compliance the bailiff does not usually take any additional measures and waits for the debtor to pay the debt voluntarily. When the term for voluntary compliance has passed and the debtor has not complied with the enforcement instrument, the bailiff has to move on with enforcement proceedings and take immediately all the measures permitted by law in order to enforce an enforcement instrument, collect information necessary for enforcement proceedings and explain the rights and obligations of participants in enforcement proceedings to participants (CEP §8). In Estonia it is quite beneficial for the debtor to comply with the enforcement instrument during the term for voluntary compliance because the debtor has actual financial interest in this. If the requirement is fulfilled during the term for voluntary compliance then the debtor is required to pay the bailiff’s fee only in the amount of one-half of the fee prescribed by law (hereinafter referred to as BA). The bailiff’s fee is usually paid by debtor (BA § 30). The size of bailiff’s fees are fixed by law and the law forbids the bailiff to make any other agreements on this matter – a bailiff is prohibited from entering into agreements to alter the rates of fees or the procedure for the charging of fees provided by law.

According to BA the bailiff’s fee in Estonia is divided into three parts: fee for commencement of enforcement proceedings, basic fee and additional fee. Basic fee is the one fee component that depends on the amount of claim for payment and it is calculated according to the § 35 of the BA. Value added tax (20%) is added to the bailiff’s fee

As mentioned, if the term for voluntary compliance has passed and the debtor has not complied with the enforcement instrument, the bailiff is obliged to immediately take all the measures permitted by law in order to enforce an enforcement instrument. The permitted measures are different and vary depending on different factors - enforcement instrument, the size of the claim etc.

Seizing debtor’s account

CEP provides the ground for making claim for payment on debtor’s account or in other words seizure of the debtor’s bank accounts, which results in the fact that the debtor cannot withdraw or in any other way use the money on his or her account until the claim is fulfilled. In Estonia the seizing of accounts is done mostly electronically According to CEP the debtor has the right for the minimum monthly wage (290€) not to be seized. If a debtor maintains another person or pays alimony to him or her, the amount not subject to seizure increases by one-third of the minimum monthly wages per each dependant unless a claim for support for a child is subject to compulsory execution (CEP §132). It is debtor’s responsibility and obligation to inform the bailiff about debtor’s incomes and the bank that debtor wishes to withdraw his or her monthly wage. Therefore the debtor has to make an application to the bailiff and add necessary documents to the application. The bailiff annuls the seizure of the account within three working days to the extent, which guarantees the income not subject to seizure, for the debtor per each prepaid month or informs the debtor about the necessity of presenting additional documents.

Seizing debtor’s income

This also applies in case of seizing debtor’s income. In order to make a claim for payment on a claim, a bailiff seizes the claim and obliges a third person who has obligations to a debtor to perform the obligations to the bailiff for the benefit of a claimant. The bailiff, by an instrument of seizure, prohibits the debtor from disposing of the claim, in particular from collecting the claim. Third person is obliged to comply with the seizure act. If the third person refuses without legal basis to enforce the instrument of seizure or does not enforce it as required, the bailiff has the right to make a decision for performance of obligation and a warning concerning the imposition of a penalty payment. Penalty payment is payment, which is applied if the third person fails to enforce the instrument of seizure without appropriate legal basis. The penalty payment is collected into the state budget. The amount of penalty payment, which is imposed for the first time, is not less than 192 Euros or more than 767 Euros and upon a repeated imposition the payment is not more than 1917 Euros.

Seizing of debtor’s assets

The bailiff has the right to make claim on debtor’s other assets, movables and immovables. Upon seizure, the asset is be evaluated and the price is be indicated in the instrument of seizure. Property is evaluated with the agreement of a debtor and a claimant. If the parties do not reach the agreement, then the property is going to be evaluated by bailiff or by an expert.

Selling of debtor’s assets

According to CEP the property can be sold using different methods. Public auction, for instance, can be written, oral or electronic (according to CEP § 78). The time and the place of the auction are determined by bailiff. Everybody has the right to participate and make bids. In the case of an auction of an immovable, a bailiff may determine deposit for the auction participants in the amount of up to 10 per cent of the starting price. If deposit is determined, a person who wishes to participate in the auction is obliged to pay the deposit. Best bidder wins the auction and he or she has to pay the purchase price immediately after the end of the auction. If the purchase price exceeds 12,700 Euros, the winner of an oral auction is obliged to pay one-tenth of the purchase price immediately after the end of the auction, the rest of the price shall be paid within 15 days. If a purchaser wishes to buy an asset sold at an auction by a loan granted by a credit institution, he or she has to notify a bailiff thereof immediately after his or her bid is declared to be the best. The purchaser undertakes to pay the total purchase price or ensure performance of the obligation to pay the purchase price by a credit institution within fifteen days as of the day following the date the bid is declared to be the best. A bailiff prepares a report on an auction which is signed by the bailiff and impartial observers.

Upon failure of an auction, a claimant may demand that a repeated auction be organized. In case of the repeated auction the bailiff may reduce the price of things, but not more than by 25 per cent compared to the starting price of the previous auction (CEP § 100 subsection 5). The bailiff has the right to repeatedly organize the auction until the price of the asset has been reduced up to 70 per cent compared to the starting price at the first auction.

It is also possible to sell the property in other manner – for example the debtor can find a buyer for the property and sell it under the supervision of a bailiff.

Termination of the case

Basic grounds for terminating the enforcement procedures are stated in CEP § 48 according to which the proceedings are terminated on the following basis:

1) on the basis of an application of a claimant;

2) upon submission of a written document if it is evident from the document that the claim of the claimant has been satisfied;

3) if money required for the satisfaction of a claim has been paid to the bailiff or an action indicated in the enforcement instrument is performed;

4) upon submission of a court decision by which an enforcement instrument accepted for enforcement or an obligation to immediately enforce it is revoked or compulsory enforcement is deemed to be inadmissible or termination of the compulsory enforcement is ordered;

5) upon submission of a written document if it is evident from the document that a security necessary to prevent enforcement is provided;

6) in the case of the death or termination of a claimant or debtor if the claim or obligation cannot be transferred to the successors or legal successors of the deceased;

7) upon unjustified commencement of enforcement proceedings due to failure to comply with the conditions of enforcement proceedings;

8) on another basis provided by law.

Complaints

At all stages of the enforcement procedure the debtor has the right to make a complaint about decisions and activities of bailiff. The complaint has to be made within 10 days as of the day, on which the complainant becomes or should have become aware of the decision or action of the bailiff. A bailiff shall review a complaint about the activities of a bailiff in the presence of the participants in proceedings within 15 days and make a decision within 10 days after the review. A bailiff shall inform the participants in proceedings of the time of review of a complaint. Failure of participants in proceedings to be present at the examination of the complaint shall not constitute an impediment to the review of the complaint. A bailiff makes a reasoned decision concerning a complaint and delivers it to the participants in proceedings.

It is important to note that the participant cannot file an appeal to a court without making a complaint to the bailiff beforehand. It is important mostly because it gives the bailiff the opportunity to notice a possible mistake and to correct it. Therefore the work load of courts is thus reduced. The participant may file an appeal against a decision of a bailiff made regarding a complaint to a county court in the jurisdiction of which the bailiff’s office is located within 10 days as of the delivery of the decision.

Language

The official language for communication in enforcement procedures is Estonian. The bailiff is not obliged to translate the documents, give the explanations or accept the documents in foreign languages. Complaints are accepted only in Estonian. In informal conversations some exceptions could be made, depending on the matter and the bailiff's understanding of the foreign language.

The enforcement instruments are accepted in Estonian and English. Nevertheless the bailiff has the right, if such necessity becomes evident, to demand translation of the documents to Estonian language.

"CONNEXX", is a European Debt Collection and Enforcement Network that was founded on 8th October 2012 in Stuttgart (Germany).

Let's rally together! Our network partners are scattered throughout Europe, all committed to safeguarding mutual debt recoveries for you and your clients in a professional and legal manner. Each partner operates within the legal framework of their own jurisdiction, so you can rest assured that your debts are in good hands.

Are you facing debts that need collecting or enforcing in any of our listed countries? Click on the Countries link to discover what our partners can do for you and how they operate. We highly recommend that you issue instructions to the Connexx partner in your country, with whom we have a one-of-a-kind relationship since our establishment. They will coordinate the entire collection process on your behalf.

Our Connexx members have generously agreed upon discounted rates and fees on your behalf, saving you both time and money. Plus, our members area boasts an upload and download facility, so you can quickly send and receive files to each member without fear of losing any important information.

We're not stopping there! Connexx is actively seeking suitable partners in additional countries to expand our network across Europe. Let's come together and take advantage of this unparalleled opportunity. Join us on the Countries page for more information or contact us directly. Together, we can tackle any debt recovery challenge!

For more information please contact us at