In some cases, the contractor, which includes a contract with you, liable for its obligations not only the company's assets but also their personal, own property. This happens in the case of a debtor who:
- independently carries on business
- It is a partner of a civil partnership
- It is a partner in a general partnership, partnership, and limited joint-stock partnership
- He is a board member of the company's o.o..
In the case of, if your debtor is responsible for the obligations incurred by his personal assets, you need to consider, the possibility of eventual execution of joint property – the debtor and his spouse.
Often there is a situation when the debt collector can not carry out the execution part of the debtor's assets, despite the fact that you have a court judgment. This happens when the debtor is married and combines it with the community spouse asset. Such property must not be so only your debtor, you can assert their claims with him, the court must give judgment so. enforceable not only against your debtor, but also against his spouse (art. 787 Kodeksu postępowania cywilnego). Such a clause, the court is always so with limited liability only to the common property. this means, that the spouse of the debtor can not correspond to its assets, because he had not incurred a debt.
At the request of the debtor spouse, the court may limit or completely disable the ability to investigate your receivables from joint property.
It may happen, that your debtor abolished joint property with his spouse but did not inform you of this at the time of conclusion of the contract. In this case, you can still pursue their claims from the assets of the debtor spouse your. Important is the fact, You did not know about the separation of property between spouses in force.