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Advice needed on Inheriting loans in Poland, will they have to be repaid?


ctj20
23 Jun 2014 #1
Please help.....

My Fiancé's father past away 4 years ago and left some land and an old property to his three daughters. They have been contacted over the last two weeks to say that he had taken out loans (one in 2001 and one in 2005) that they now must pay because they accepted the land and property.

The problem is that they have added years and years of interest to the loans despite never sending them a letter or contacting them until now. They are also threatening to send Bailiffs if the loan and interest isn't paid back in full. This seems un-just and we are wondering where we stand legally and who we can contact for help.

Any advice you could give us would be greatly appreciated.

Yours Sincerely

Chris Jones
jonesct@gmail
Roger5 1 | 1,448
23 Jun 2014 #2
that they now must pay because they accepted the land and property

The creditors may well have a claim on the estate, but I wouldn't worry too much about them huffing and puffing and claiming the daughters are directly responsible for their father's debts. Do you know that the creditors are actually legit? Lots of crooks and chancers out there. I'd pay a lawyer for half an hour's advice.
cms 9 | 1,255
24 Jun 2014 #3
Are the creditors reputable banks ? if so then it is very unusual that they made no effort to contact or send any letters. However they are more likely to have a valid claim on the land.

If it is some one else then first have a discussion with a lawyer, which will cost you a few hundred zloty but will be much more useful than doing it on here. Is there any hypothek registered on the land ? if not then that would be a huge advantage to your fiancé ?

The Polish court system works slowly and strongly favors people who have established the facts on the ground - it will take years for any creditor to get money from you.
poland_
25 Jun 2014 #4
They are also threatening to send Bailiffs if the loan and interest isn't paid back in full. This seems un-just and we are wondering where we stand legally and who we can contact for help.

Hi Chris, I am guessing the three sisters have sold the land and house?

The bad news is they are responsible for the outstanding loans + interest, your options are as follows.

1. Pay back in full.
2.Do a deal with the collection agency.

There is a article being amended under Polish law re inheritance of debt, not quite sure how far forward the change is. If it was so easy to wipe away debt in Poland as t is in the UK or USA they would all be at it ;-)

You could also contact komornik.pl and ask them to suggest a lawyer with experience in these matters.
johnb121 4 | 183
25 Jun 2014 #5
"If it was so easy to wipe away debt in Poland"

Why should it be possible to "wipe away" debt? All an heir is entitled to is the net assets of the deceased - gross value minus liabilities and taxes. The concept of taking the assets but not accepting the liabilities is one I cannot understand. In this case, though, accepting liabilities which were unknown for all those years? I'd like to see a reputable lender try to argue their claim (or, at least, their claim to anything more than the o/s debt as at the time of death!)

Actually, in the UK one takes an advertisement in (? the Estates Gazette?) and asks anyone having an interest in the estate to make contact within a certain time or else the estate will be wound up and distributed
Harry
25 Jun 2014 #6
They have been contacted over the last two weeks to say that he had taken out loans (one in 2001 and one in 2005)

The one from 2001 may very well be time barred under the statute of limitations and the 2005 loan could be too. You need to contact a lawyer.


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