What are the duties of a High Court Sheriff and a county court bailiff


Seizure of the judgment debtor's goods by a Sheriff or bailiff is the most common of the enforcement measures. A warrant in the High Court is called a writ of fi fa. In a county court it is a warrant of execution. This is worth studying and the following points may be noted:

The laws relating to Sheriffs and bailiffs are very old and in need of reform, which will probably happen soon. The Sheriffs have slightly more powers than the bailiffs. As an example of the problems: bailiffs can only enter the judgment debtor's home if they are allowed to enter by the person there. If there is nobody there, the bailiff can enter if a door is unlocked or through a window that is already open. Bailiffs may be able to break into business premises if there is no living accommodation attached and they believe that the judgment debtor's goods are inside. They can also enter if the bailiff has previously been allowed to enter and is returning to the judgment debtor's house to collect goods to be sold.

The Sheriff or bailiff can only take goods that belong to the judgment debtor or which are jointly owned. They cannot take goods belonging to wives, husbands, other family members, landlords, hire purchase companies or others. They may not take the defendant's 'tools of the trade'. This literally means a set of tools, but the definition is quite widely drawn and may include such things as computers and reference articles. Essential household goods also cannot be taken. These include such things as clothing and bedding.

Goods taken may ultimately be sold at a public auction but some classes of goods may achieve disappointing prices. Second hand furniture and electrical goods, for example, may come into this category. The Sheriff or bailiff will only take goods that he considers worth taking and which will, after deducting fees and expenses, realise a worthwhile sum. Assuming that the judgment debtor does not pay, the following is an outline of the steps that are most likely to take place after the issue of a warrant of execution:

  1. The bailiff will usually send a letter to the judgment debtor asking for payment of the amount due within seven days. If payment is forthcoming, that is the end of the matter.
  2. The bailiff will visit the nominated premises and look for suitable goods to take. Provided that he finds suitable goods, he may take them at once or he may offer a walking possession agreement. If a walking possession agreement is offered and accepted, he will identify goods to take later but leave them in the possession of the judgment debtor. The judgment debtor may continue to use the goods, but it is a criminal offence for him to move them or sell them.
  3. At the end of a period and provided that payment has not been made, the bailiff will return and take the goods covered by the walking possession agreement.
  4. The goods will be kept by the bailiff for a specified period. During this time the judgment debtor can get his goods back by paying the outstanding amount. Also any third party may claim ownership of the goods during this period. This may include, for example, a leasing company or a hire purchase company.
  5. After the period has expired the goods will be sold at a public auction. The bailiff's fees and expenses will be deducted from the amount obtained and the net proceeds will be paid to the judgment creditor.

After a warrant has been issued, the defendant can make a payment proposal and apply to have the warrant suspended. The claimant can agree with the proposal and suspension of the warrant, reject the proposal and the suspension, or agree to the suspension but demand a more favourable payment schedule. If the defendant and client cannot agree, a district judge will decide.

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This article was sent to us by: Vince Jean at 05162010

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