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County Court bailiffs are employees of His Majesty's Courts and Tribunals Service and are responsible for enforcing orders of the County Court by recovering money owed under County Court judgments. [1] Bailiffs can seize and sell goods to recover the amount of the debt. [1] They can also serve court documents and effect and supervise the possession of property and the return of goods under hire purchase agreements. [1]
A County Court bailiff can enter a premises to seize goods and sell these at public auction, they can enter a property through an unlocked door (front and back). If the bailiff has entry previously (made a levy) or has been forcefully removed they can then use reasonable force to gain re-entry to inspect the goods or remove them.
When determining the value of goods to be seized, it is the likely price that the goods will reach at auction that is pertinent, not what was paid for them.
Section 85(4) of the County Courts Act 1984 states: It shall be the duty of every constable within his jurisdiction to assist in the execution of every such warrant. This is rarely used and if the police are called they will generally be there to prevent a breach of the peace.
There has been debate about the lack of training that police are given with respect to the powers of bailiffs whilst executing a warrant. [2]
Section 14 of the County Court Act 1984 gives the following penalty: If any person assaults an officer of a court while in the execution of his duty, he shall be liable—
A debtor's vehicle can be immobilised or removed and goods can be taken up to the value of outstanding judgment plus additional bailiff/removal/auction house fees. Vehicles may be immobilised/removed on both private or public land but if on private land the bailiff has to have the land owners permission to enter if the land doesn't belong to the person named on the warrant. However a vehicle used in the course of a debtors business may not be clamped or taken.
County Court bailiffs execute arrest warrants to secure attendance to court or committal proceedings (contempt of court, etc.).
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly translated to English as sherif.
A bailiff is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offices and duties vary greatly.
A lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the lienee and the person who has the benefit of the lien is referred to as the lienor or lien holder.
Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries. Distraint is the act or process "whereby a person, traditionally even without prior court approval, seizes the personal property of another located upon the distrainor's land in satisfaction of a claim, as a pledge for performance of a duty, or in reparation of an injury." Distraint typically involves the seizure of goods (chattels) belonging to the tenant by the landlord to sell the goods for the payment of the rent. In the past, distress was often carried out without court approval. Today, some kind of court action is usually required, the main exception being certain tax authorities – such as HM Revenue and Customs in the United Kingdom and the Internal Revenue Service in the United States – and other agencies that retain the legal power to levy assets without a court order.
A guarantee is a form of transaction in which one person, to obtain some trust, confidence or credit for another, engages to be answerable for them. It may also designate a treaty through which claims, rights or possessions are secured. It is to be differentiated from the colloquial "personal guarantee" in that a guarantee is a legal concept which produces an economic effect. A personal guarantee by contrast is often used to refer to a promise made by an individual which is supported by, or assured through, the word of the individual. In the same way, a guarantee produces a legal effect wherein one party affirms the promise of another by promising to themselves pay if default occurs.
A warrant of execution is a form of writ of execution used in the County Court in England and Wales (only). It is a method of enforcing judgments and empowers a County Court bailiff to attend a judgment debtor’s address to take goods for sale. The closest equivalent in Scotland is a charge for payment, executed by sheriff officers after a decree is granted in a sheriff court in favour of a pursuer (claimant) seeking recovery of a debt or other sum due.
A fieri facias, usually abbreviated fi. fa., is a writ of execution after judgment obtained in a legal action for debt or damages for the sheriff to levy on goods of the judgment debtor.
Repossession, colloquially repo, is a "self-help" type of action in which the party having right of ownership of a property takes the property in question back from the party having right of possession without invoking court proceedings. The property may then be sold by either the financial institution or third party sellers.
A High Court enforcement officer (HCEO) is an officer of the High Court of England and Wales responsible for enforcing judgements of the High Court, often by seizing goods or repossessing property. Prior to 2004, HCEOs were known as sheriff's officers and were responsible for enforcing High Court writs on behalf of the high sheriff for each county, but they are now directly responsible for such writs. HCEOs operate only in England and Wales.
A water bailiff is a law-enforcement officer responsible for the policing of bodies of water, such as river, lake or coast. The position has existed in many jurisdictions throughout history.
The posse comitatus, frequently shortened to posse, is in common law a group of people mobilized by the conservator of peace – typically a reeve, sheriff, chief, or another special/regional designee like an officer of the peace potentially accompanied by or with the direction of a justice or ajudged parajudicial process given the imminence of actual damage – to suppress lawlessness, defend the people, or otherwise protect the place, property, and public welfare. The posse comitatus as an English jurisprudentially defined doctrine dates back to ninth-century England and the campaigns of Alfred the Great simultaneous thereafter with the officiation of sheriff nomination to keep the regnant peace. There must be a lawful reason for a posse, which can never be used for lawlessness.
The Tribunals, Courts and Enforcement Act 2007 is an act of the Parliament of the United Kingdom. It provides for several diverse matters relating to the law, some of them being significant changes to the structure of the courts and fundamental legal procedures. Part 1 provides a scheme for radical overhaul of the tribunal system in the UK, creating a new unified structure with two new tribunals to embrace the former fragmented scheme, along with a Senior President of Tribunals. Part 2 defines new criteria for appointment as a judge, generally reducing the length of experience required with the aim of increasing diversity in the judiciary. Part 3 creates a new system of taking control of goods in order to enforce judgments and abolishes ancient common law writs and remedies such as fieri facias, replevin and distress for rent. It introduces a modern system of 'certified enforcement agents' and 'exempted enforcement agents' which includes civil servants such as court officers and County Court bailiffs, civilian enforcement officers and police officers. Part 4 makes some changes to attachment of earnings and charging orders to make recovery of debts more straightforward. Part 5 makes some changes to insolvency practice in order to provide low-cost protection for people who have previously been excluded owing to their small debts and lack of assets. Part 6 provides protection from seizure for foreign antiquities and artefacts on display in the UK and whose provenance is alleged to be broken by misappropriation. Such artefacts can only be seized on a court order that was compelled by a Community obligation or a treaty obligation.
Diligence is a term in Scots Law with no single definition, but is commonly used to describe debt collection and debt recovery proceedings against a debtor by a creditor in Scottish courts. The law of diligence is part of the law of actions in Scots private law. Accordingly, it is within the devolved competence of the Scottish Parliament.
Hyatt v. Vincennes Nat. Bank, 113 U.S. 408 (1885), was a case involving the sale of property conveyed to Hyatt for a term of 50 years for all the mineral coal upon and under a described tract of land, in Knox County, Indiana, with the exclusive right to enter on the land to dig for the coal, and remove it, and to occupy with constructions and buildings as needed to obtain the coal. Hyatt would then have the right to remove all buildings or fixtures placed on the land, when the agreement expired, and to pay a fixed royalty for the coal mined.
Civilian enforcement officers (CEOs) are either employees or authorised officers of His Majesty's Courts & Tribunals Service and are responsible for enforcing magistrates' court orders. They can seize and sell goods to recover money owed under a fine and community penalty notice. They also execute, in England and Wales, warrants of arrest, committal, detention and distraint. Members of approved enforcement agencies have the same powers as civilian enforcement officers, but are employed by private companies. Both are referred to as 'authorised officers' in law.
The collection of judgments in Virginia may be accomplished under a number of routes provided under Virginia law, depending on the amount of the judgment and the particular assets that the judgment creditor wishes to pursue.
The Massachusetts Environmental Police is a Massachusetts, US, state government law enforcement agency, which is the primary enforcement agency of Massachusetts's boating and recreation vehicle laws and regulations and is responsible for registering boats, off-highway vehicles and snowmobiles in Massachusetts. The agency is also responsible for the enforcement of fish and game laws, including commercial and recreational harvesting of the living marine resources along the state's coastline.
Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits. The legal realm is divided broadly into substantive and procedural law. Substantive law is that law which defines the contents of rights and obligations between legal subjects; procedural law regulates how those rights and obligations are enforced. These rules govern how a lawsuit or case may be commenced, and what kind of service of process is required, along with the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks are to function.
A certificated enforcement agent is a person appointed under Part 3 of the Tribunals, Courts and Enforcement Act 2007 in England and Wales, who may take control of goods and sell them to pay an amount of money when order to do so by a court. Until 2014, they were known as "certificated bailiffs".