What Is A Bailiff?

A Bailiff is someone who is authorized by a County Court judge to take away or disable

your property and sell it to offset this sale amount against money you owe to a creditor. Priority debts could include things like unpaid rates or council tax, parking fines, speeding tickets, etc. In effect, you owe money to the government. The bailiff needs to have a 'warrant or a 'warrant of execution' from the court to collect a debt.

If a bailiff comes to your house you don't have to let them in, they are not allowed to force entry, they are only allowed to enter your property if you invite them,but if you have left a window open or a door is unlocked then the bailiff is allowed to climb through or walk in.

If you invite the bailiff in to your property this is known as a walk in possession, the bailiff will then have a look around your property to see what can be sold at auction to cover the cost of your debt.

Now the bailiff has seen some sellable items he or she will the proceed to list these items he or she will then ask you to sign a form which is known as a walking possession agreement, this means the items that are listed are now the bailiffs property until you pay the debt back in full, if you are offered a payment schedule and fail to keep to this agreement then the bailiff will return back to your property and this time he or she will be allowed to force entry in to your property to collect the items on the list.

If the bailiff takes your items they will be sold at an auction however the price you originally paid for the item will not sell for the same price at auction thats why the bailiff may take more than what you think the debt is worth.

What are bailiffs allowed to take? They are not allowed to take things that you dont own, but it is reasonable for him or her to assume that if its in your house, then its yours. Whoever it does actually belong to would have to prove it, and prove it straightaway, which could be difficult or impossible as some items may be so old that the receipt or bank statement may have long since been disposed of. Also if you have a TV or something on finance then you will have to prove this as well.

The bailiff is not allowed to take things that you need for your work or business. So, if youre web designer, he cant take your PC. If youre a fitness instructor, he cant take your gym equipment. The bailiff also cant take things you need for the activities of daily living; items such as beds, fridges, clothes, showers, etc. Luxury goods such as your DVD player or your Wii all are totally OK for him to take.

by: kevin

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