The word Bailiff strikes fear into the hearts of many, and conjures up images of burly men breaking into people's houses and taking valuable goods to sell on to recover debts. Sadly, the reality is almost as scary, mainly because not everyone is aware of the ins and outs of bailiff jurisdiction. A bailiff is a person authorised by a creditor to collect monies owed. There are three levels of bailiff; a county court bailiff, a certificated bailiff and a private bailiff. Bailiffs may be employed to collect unpaid council tax, rent arrears, court fines or missing child support payments. Not all bailiffs have the same powers of collection, but there are some rules which apply to all. Anyone, male or female, can become a bailiff once they gain legal authority from a creditor to collect debts. Some creditors prefer to employ bailiffs who have been certified by the county court as being fit for the role. Others may use private bailiffs who might not follow the letter of the law where gaining entry is concerned. A bailiff must produce identification, evidence of certification and authorisation from the creditor if asked to. Contrary to popular belief, bailiffs cannot force their way into a debtor's property, unless they are employed by the Inland Revenue to collect taxes. All other bailiffs must try to gain peaceful entry. They cannot force their way past when the door is opened, but if a door or window is left open they are within their rights to enter uninvited. Sometimes a bailiff might use tricks such as asking to use your phone in order to gain entry, but they can be refused. If a bailiff is accompanied by the police, it can look intimidating but the police are only there to prevent breaches of the peace. They cannot arrest a resident for refusing entry to a bailiff. If a bailiff does gain peaceful entry, they will be able to gain entry at any future time, even by breaking in. Once inside, they will assess your belongings and either remove them immediately to cover your debt, or announce their intention to remove goods at a later date. They are not allowed to seize goods that belong to someone else, are on hire purchase, or are rented. They must also leave you with items such as bedding, clothing or anything necessary for work or basic domestic needs, such as a TV or fridge freezer. Anything they do seize will be sold at auction to recoup losses or cover your debt. They are not allowed to remove goods worth more than your total debt.
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