Debt in Poland, assets in Norway – or the other way around. Can a bailiff seize assets abroad?
The debt arose in Poland, but you have lived and worked in Norway for years. Or the other way around – you have liabilities in Norway, while your apartment or plot of land is in Poland. Is it enough for the assets to be located in the other country for the creditor to be unable to reach them? Not necessarily. Poland and Norway have rules that allow a foreign judgment to be enforced in certain situations. This does not mean, however, that a Polish bailiff can simply seize a Norwegian bank account or that a Norwegian namsmann can sell an apartment in Poland.
Debt in Poland, assets in Norway.
Ilustracja AI
Such questions regularly arise among Poles in Norway.
“I have debt in Poland, but everything I own is already in Norway. Can they do anything?”
“Will a Norwegian bailiff find out that I have an apartment in Poland?”
“After the divorce, the apartment remained in Poland, while I live in Norway. Can my debts affect it?”
In cases involving two countries, the answer is usually: it depends on the type of debt, the documents held by the creditor, and where the debtor's assets are located.
One thing is important, however: moving from Poland to Norway or leaving assets in the other country does not automatically mean that the debt disappears or becomes impossible to enforce.
A Polish bailiff cannot independently seize an account in Norway
Let us assume that someone has debt in Poland but already lives and works in Norway.
They have a salary, a bank account, a car and perhaps also an apartment there.
A Polish bailiff cannot simply commence enforcement proceedings in Norway under the same rules as in Poland. They do not have the same powers there as they do with respect to assets located in Poland.
This does not mean, however, that the creditor is powerless.
If they have an appropriate judgment concerning the debt, they may in certain cases take steps to have it recognised and enforced in Norway as well.
In relations between Poland and Norway, the Lugano Convention is of major importance.
It applies in Norway and the European Union Member States and regulates, among other things, the recognition and enforcement of judgments in civil and commercial matters.
Simply put: a judgment issued in one country may, under certain conditions, be enforced in the other.
Moving to Norway does not mean that a Polish judgment concerning a debt ceases to matter. If the required conditions are met, the creditor may try to have it enforced in Norway. However, this is not done directly by a Polish bailiff – an appropriate court procedure is required in the country where enforcement is to be carried out.
Debt in Poland, assets in Norway – what might this look like?
Let us imagine a simple example.
Marek has lived in Norway for several years. However, an unpaid debt remained in Poland, in connection with which the creditor obtained an enforceable judgment.
Marek no longer has significant assets in Poland.
He works in Norway, owns a car and has accumulated savings.
In such a situation, the creditor may examine the possibility of enforcing the Polish judgment in Norway.
The Norwegian police, which is also responsible for the actions of namsfogden, expressly indicates that a foreign judgment or another appropriate decision may in some cases form the basis for enforcement in Norway. This includes, among others, judgments from countries covered by the Lugano Convention.
One condition is that the judgment must be enforceable in the country where it was issued.
Further action against assets located in Norway is then conducted in accordance with Norwegian procedures.
Debt in Poland, assets in NorwayAI illustration
What if it is the other way around: debt in Norway, an apartment in Poland?
The mechanism may also work in the opposite direction.
Someone lived and worked in Norway, incurred debt there, and then returned to Poland. They no longer have significant assets in Norway, but own an apartment or other real estate in Poland.
A Norwegian namsmann will not come to Poland and begin selling the apartment.
However, in certain cases the creditor may try to have the Norwegian judgment recognised and enforced in Poland.
The Lugano Convention provides that a judgment issued in one country covered by the Convention and enforceable in that country may, after the appropriate procedure has been completed, also be enforced in the other country.
In other words:
debt in Norway + assets in Poland does not automatically mean that the assets are beyond the creditor's reach.
Likewise:
debt in Poland + assets in Norway does not mean that moving has solved the problem.
Does a bailiff automatically know what you own in the other country?
This is one of the most important issues.
This should not be understood to mean that a Norwegian namsmann can see all of the debtor's apartments, plots of land, cars and bank accounts in Poland with one click – or that a Polish bailiff automatically receives a complete picture of assets located in Norway.
Identifying assets and enforcing against them are two different matters.
However, the creditor may have information about the assets, obtain it during proceedings, or take appropriate action in the country where a particular asset is located.
Therefore, the assumption that “the apartment is in Poland, so nobody in Norway will find out about it” may prove very risky.
In cross-border cases, it is not worth assuming that assets located in another country are automatically safe. It is much more important to establish what legal basis the creditor has, what exactly the obligation concerns, and which procedures can be applied in Poland and Norway.\r\n
Not every debt is subject to the same rules
This is a very important caveat.
The Lugano Convention primarily covers civil and commercial matters.
It does not apply in the same way, among other things, to tax, customs and administrative matters. Its scope also excludes certain issues concerning insolvency, social security, inheritance and matrimonial property regimes.
Therefore, an unpaid private loan or a claim arising from a contract may be treated differently from a tax arrear or a matter directly concerning the division of marital property.
There is no single procedure that fits every type of debt.
What if the assets are jointly owned with a spouse?
This is where the matter becomes more complicated.
Imagine a married couple living in Norway who own an apartment in Poland. One spouse has serious liabilities.
The first question should not be only:
“Can the bailiff seize the apartment?”
First, it is necessary to establish:
who actually owns it and what share of the assets belongs to the indebted person.
This is even more important in the event of divorce.
The divorce judgment itself and the division of property are not always the same matter. If the spouses lived in Norway, are Polish citizens, own real estate in Poland and have other assets in Norway, it may be necessary to determine which rules apply to a particular aspect of the dispute.
The Lugano Convention does not cover property rights arising directly from a marital relationship. Therefore, one cannot assume that rules concerning an ordinary civil debt will automatically also resolve the issue of division of assets after divorce.
We wrote in more detail about the dissolution of marriage itself in the guide “Divorce in Norway step by step – a guide for Poles”.
The breakdown of a relationship may also give rise to entirely different, sometimes unexpected disputes over who keeps particular elements of a shared life. We also wrote about this in the article “When love ends and the dog stays. What happens to animals after a relationship breaks down in Norway?”.
Formalities to take care ofAI illustration
Divorce does not always protect assets from a creditor
There may be a temptation to think that, since the spouses are divorcing, it is enough to transfer the apartment or most of the assets to the other person and the debt problem will disappear.
This assumption should definitely not be made.
Relevant factors may include when the obligation arose, who owns the assets, how they were acquired, settlements made between the spouses, and the circumstances of any transfer of assets.
If debt, divorce and assets located in two countries are involved at the same time, the matter requires particularly careful analysis.
In a divorce combined with debt, one should not analyse only whose name the apartment or car is currently registered in. The entire history of the assets and liabilities must be considered, and the applicable law must be established. In Polish-Norwegian cases, this often means having to examine the rules of both countries in parallel.\r\n
Does moving to another country solve the debt problem?
Moving alone – no.
It may change the manner in which the claim is pursued, lengthen the proceedings and require the creditor to take additional legal steps.
However, more difficult enforcement should not be equated with the inability to enforce.
If there is an appropriate judgment and the debtor has assets in the other country, it is worth checking whether a procedure for its recognition and enforcement can be initiated.
This applies in both directions: Poland → Norway and Norway → Poland.
When is it worth seeking advice?
Cases concerning debts between Poland and Norway often begin innocently.
First, a letter arrives. Then, a demand for payment. Sometimes nothing happens for many months, and the debtor assumes that because they already live in the other country, the matter has been resolved.
Only later does it turn out that the creditor has obtained a judgment or is trying to refer the matter for enforcement where the assets are now located.
It is particularly worth checking the situation if:
- \r\n
- you have debt in Poland but live and own assets in Norway, \r\n
- you have liabilities in Norway but real estate or other assets in Poland, \r\n
- you have received a foreign judgment, order or notice related to enforcement, \r\n
- the debt matter is connected with divorce or division of assets, \r\n
- you do not know whether a creditor can reach a specific asset in the other country. \r\n
In such cases, you can contact the law firm Advokatfirma Nierzwicki & Bluszko AS.
The firm handles cases requiring knowledge of Polish and Norwegian law, including matters concerning obligations, enforcement, divorce, division of assets, and other disputes in which one person's legal situation involves both countries.
The analysis may involve, among other things, the type of debt, the content of the judgment, the country in which it was issued, the debtor's place of residence, the location of the assets, and the parties' family and financial situation.
The earlier it is established which judgment exists and in which country the creditor may try to enforce it, the easier it is to assess the actual risk and possible next steps.
Need legal help? Contact usAdvokatfirma Nierzwicki & Bluszko AS
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