Servicing the court correspondence to the Defendant by the court bailiff. Selected issues. Practical problems.

Abstract

The Art. 139¹ k.p.c. (Code of Civil Procedure) is a significant novelty, since such a  solution has never been applied in the civil procedure before. It was pointed out how the regulation would affect the delivery of a document by a court bailiff. Attention was drawn to the amount of the fee and the contradiction between the statutory deadline for delivery by the enforcement authority and the statutory deadline for payment. The regulation determines the  performance of service by the bailiff and the activities in the event of the unsuccessful service of documents to the defendant?s address. The proposalraises the problems resulting from the new regulation, including a wide scope of persons who may be authorized by the bailiff to perform the service. The regulation formulates the conditions which should be met by persons authorized by the bailiff to perform the service. Attention has been paid to the aspect of the lack of possibility to determine the whereabouts of the defendant by the bailiff; it was also considered whether the bailiff could obtain the information on  the defendant's address from other proceedings in progress. It has been pointed out that the new regulation would lead to the extension of the examination procedure.

The proposed wording of the provisions on service has been formulated. The proposal included establishing a database of correspondence addresses of adult citizens in order to accelerate the proceedings and to eliminate the course of failures in services.