Affidavit

The affidavit has replaced the former oath of disclosure allowing the creditor to get an insight into the debtor’s financial situation.

As a rule the creditor requests the debtor to supply an affidavit.

A stipulation for such a request is that enforcement of the creditor’s claim must have failed on at least one occasion or that the debtor refused a search of his premises. A failed enforcement has to be substantiated by a related confirmation of the bailiff which should not be older than 6 months.

The debtor provides an affidavit either directly to the bailiff or he is summoned by the bailiff to do so.

If the debtor defaults, the creditor can apply for an arrest warrant and once it has been issued he may task the bailiff with the actual arrest.

If the debtor, following his arrest, does not provide an affidavit, then he will be taken into custody for a maximum duration of 6 months. It is up to the creditor whether or not he wishes to be present when the affidavit is being provided.