Abstract

The article discusses the problem of determining a procedure of setting a fee to be paid by a bailiff for providing requested information necessary for carrying out the enforcement proceedings. The right to request such information has been granted to bailiffs in Art. 2.5 of the Act on Court Bailiffs and Enforcement. The act of providing information at bailiff’s request is performed at a charge, which follows from Art. 2.9 of the Act on Court Bailiffs and Enforcement. Those regulations do not stipulate, however, how the duty of the bailiff to pay a fee to the party conveying information is to be realized. The article presents the arguments in favour of the view that the fee is an element of enforcement costs, and therefore it should be set by a bailiff, whose decision in this respect may be appealed (Art. 767 § 1 of the Code of Civil Procedure).