Types of bailiff

Creditors use bailiffs because even though goods are rarely removed, the threat of seizure is usually sufficient to make people pay.

Types of bailiff
There are two main types of bailiff, County Court bailiffs and private bailiffs.

County Court bailiffs
They are employees of the County Court, and enforce County Court judgements. These are usually for consumer credit debts such as bank loans, credit cards etc.

Private bailiffs
They are private firms used by the Magistrates Court to collect fines, and by local councils (once they have obtained a liability order from the Magistrates Court) to collect Council Tax and Community Charge.

Bailiffs must carry an identity card and show it on request.

County Court judgement debts, Council Tax, Community Charge and fines can be collected anywhere in England and Wales.

County Court judgement debts and fines can be collected at any time of the day.

Council Tax debts should only be collected between 8.00 am – 6.00 pm Monday to Saturday, unless there are exceptional circumstances.

What are bailiffs used for?
Bailiffs can be used as a method of enforcement if payments on a court order are not maintained. The court can instruct a bailiff to seize the debtor's possessions.

Walking possession agreement
A bailiff can force entry and seize goods if a debtor defaults on a walking possession agreement. A walking possession agreement can only be made when the bailiff has:

Gained entry into your property and siezed goods
Identified goods belonging to you outside your property ie: a fully bought and paid for car.
Refusing entry
Generally bailiffs cannot break into domestic premises.

For both Council Tax collection and County Court fines, if the bailiff has not previously gained peaceful entry the debtor can refuse entry. The bailiff cannot force entry. A bailiff will normally return and again try to gain entry.

From 2005, a bailiff acting on behalf of the Magistrates Court can use reasonable force to gain entry if they are refused entry or if you are not in when they call. (A bailiff can walk through an open door, climb over a garden wall, enter through an unlocked door or climb through an open window.)

Which goods can or cannot be seized?
Not all goods can be seized.

Goods which can be seized
The bailiff can only seize goods which belong to the debtor. However, the bailiff can seize goods which are jointly owned even if the other joint owner is not liable for the debt.

Goods which cannot be seized
The bailiff cannot seize the following:
- Goods which solely belong to another person
- Fixtures and fittings
- Goods on hire purchase
- Goods which are rented

If the bailiff is collecting a County Court judgement debt, Council Tax, or Community Charge (Poll Tax) the following goods cannot be seized:

clothing
bedding
furniture
household equipment, or
provisions as are necessary for satisfying the basic domestic needs of the debtor and his/her family
tools, books, vehicles, and other items of employment as are necessary to the debtor for use personally in their employment, business and vocation
If the bailiff is collecting a fine the following goods cannot be seized:

clothes and bedding of the debtor and his/her family
tools and implements of the debtor’s trade
Warrant not enforceable
If the warrant to seize goods cannot be enforced, the next course of action will depend upon the type of debt.

County Court judgement debts
The warrant will be returned to the County Court. The creditor must decide whether or not it is cost-effective to ask the bailiff to visit again.

Council Tax debts
The warrant will be returned to the City Council who will decide which of the following courses of action to take:

Committal proceedings. The debtor will be summonsed to the Magistrate’s Court for a means enquiry to decide how much the debtor can pay and/or whether or not they should be imprisoned.
Attachment of earnings order. If the Revenues Office has details of the debtor’s employment they may ask for a deduction from the wages of the debtor.
Payment arrangement. If there are special circumstances a new payment arrangement may be agreed.
Outstanding fines
The warrant will be returned to the Magistrate’s Court and committal proceedings will be commenced. The debtor will be summonsed to the Magistrate’s Court for a means enquiry to decide how much the debtor can pay and/or whether or not they should be imprisoned.

Remember: You can always seek advice about any difficulty you are having in dealing with your debt.




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