Bailiff is common name of enforcement agent who is legally authorized to collect a debt from behalf of judgment creditor.
There are several type bailiff that could be used by creditors:
- County Court bailiffs are official employed staff of County Court and Tribunal Service and who are authorized to enforce judgments such as small claim’s warrant of control by seizing and selling the debtor’s goods
- HCEO or High Court enforcement officers are authorized to recover a debt under High Court Judgment or County Court judgment if it was transferred to the High Court. HCEO could enforce a judgment if the debt more then £600.
- Certificated bailiffs are agents who was granted a certificate by a County Court judge. But certificated bailiff cannot enforce a County Court and High Court Judgment. They are entitled to collect a debt from behalf of local authorities and other organization. They may have authority to collect road traffic debts, council tax and other non-domestic rates.
- Private non-certified bailiffs or Civilian Enforcement Officers may have authority to collect debts by seizing or selling good. But they have no authority to collect a road traffic debt, council tax and rent by levy distress. Like certified bailiffs they are not entitled to enforce High Court and County Court judgment.
Only county court bailiffs and HCEO are entitled to enforce warrant of control sometimes called as Writ and CCJ issued by County Court and High Court.
Generally, County Court and High Court bailiffs are granted most powerful rights in regards of collection debts.
Bailiff fees is fixed and set up in court form EX50.
What authority county court bailiff has?
If debtor couldn’t pay his debt and cost then bailiff can take:
- take control of your goods and sell it to cover a debt
- leave the goods but make ‘controlled goods agreement” which restricts debtor to dispose it until debt amount will be paid and warrant of control is withdrawn.
- sell a seized goods at public action. Bailiff’s fee and the cost of auction will be deducted from the sale price and balance paid. If auction price is higher then debt, surplus will be returned to the debtor.
- attend a debtor’s premises at any day even on Sunday.
- get out tools for the trade in case of debtors sole trader. But tools for trade having cost up to £1,350 couldn’t be seized.
- enter into premises or living property if door or window or open and no one there. It could be considered as a lawful entry.
What county court bailiff cannot :
- seize any of your opponent's essential living items such as bedding, clothing, pots and pans, furniture, household equipment, tools of a trade up to £1,350
- take goods which are belong exclusively to the debtor’s partner or relatives
- enter to the premises without allowance. If business premises is empty and no living accommodation attached there then enforcement agent may able to break into.
County court bailiff doesn’t enforce CCJ if amount more then £5,000. If debt more then £5,000, then creditor should ask bailiff through the High court.
Notice period
Since 6 April 2014 bailiff has obligation to notify a debtors at least 7 days prior visit. It is some sort of chance for debtors or defendant who loses a small claim case to pay his debt. Earlier, enforcement agents didn’t notify debtors about visit and he has no chances to hide valuable good that could be seized.
Rules and laws for bailiffs
- The Taking Control of Goods Regulations 2013, SI 2013/1894 and The Taking Control of Goods (Fees) Regulations 2014, SI 2014/1.
- New parts to the CPR 83, CPR 84, CPR 85 and CPR 86