Maintenance money is not an ordinary claim. It is an obligatory provision of a natural person to another natural person. In our country, it is assumed that maintenance money applies to children, however, there is a large group of adults entitled to receive maintenance. Obligation of maintenance can also apply to parents remaining in need, as well as to one of the spouses, if, as a result of the divorce which was the other spouse’s fault, his or her standard of living has significantly decreased.
However, the most urgent problem is child support. Avoidance of child support payments is very common, and the effectiveness of its enforcement is low. In the event of evasion of alimony by a former partner, those who have been granted such benefits are unable to recover money.
The most injured persons are parents whose income does not qualify them to receive benefits from the maintenance fund.
The maintenance obligation cannot be transferred to another person and cannot be sold.
Overdue maintenance money or alimony, however, is a completely different matter.
It is important to note that the sale of maintenance is decided on by the court. A creditor here is not a parent but a child. Therefore, the court decides whether it will allow the sale of overdue maintennace. The Supreme Court has also spoken on the sale of alimony: Act III CZP 134/10. However, which is very important, it spoke in a specific matter. Although this is not an obligatory interpretation of the law and the Family Court is not obliged to apply the above interpretation, it should be remembered that the court is guided by the best interests of the child and decides in each individual case whether or not the maintenance can be sold.
Of course, in order to apply to the court for permission to sell debts (assignment), one should have a potential buyer and know the proposed sale price. The dlugi.info service is helpful here. If you put up overdue alimony or child support for sale, in accordance with the rules of the website you are only inviting to negotiate regarding the sale of receivables. If you find someone willing to make a purchase, you should negotiate the sale of the alimony with them out of dlugi.info.. After effective negotiations with potential buyers, one must receive a written purchase offer along with the price and validity date of the offer. Such a document should be submitted to the court and one has to wait for the consent. The court will consider whether it will be better for the child to receive the agreed amount or whether it is better to make further attempts to recover the non-custodial parent’s money. The decision is influenced by many factors related to whether the non-custodial parent persistently avoided paying and what is the current financial situation of the child.
How to sell maintenance money/alimony?
1. Register here.
2. Activate a VIP account that allows you to place offers.
3. Put up an offer for sale.
4. Wait for the contact from the person concerned.
5. Agree on the details with the interested party.
6. Ask anyone willing to buy for a written offer TEMPLATE
7. Apply to the court for permission to act on behalf of a minor. Exactly describing the benefits that a child will achieve, when instead of waiting unsuccessfully for any money, he/she will receive the amount resulting from the offer received from the person willing to purchase the debt. TEMPLATE
8. After receiving the consent, complete the transaction.
9. After selling the receivables, remove the offer from the website.
Sometimes you have to wait for the buyer, sometimes the debtor will want to buy his debt through a friend.
The legality of such action, i.e. the will to sell claims, is confirmed by GIODO and UODO in accordance with the EU GDPR Directive. All studies on this subject are available in our tab.
A claim or debt, depending on the perspective we look at it from, means the following. If you have a claim, it means that someone owes you money. If you have a debt, it means that you have not repaid loans, bills, invoices, maintenance or other obligations. Overdue receivables are the same commodity as all other commercial goods. They can be put up for sale and traded.