Posted on: 10 November 2015Share
A bailiff can be sent out to your property by a creditor in pursuit of an outstanding debt that you owe. How you respond to the arrival of this bailiff is often a determining factor in how quickly and smoothly the debt is resolved.
Any wrong moves you make when the bailiff arrives at your house can have both financial and legal repercussions that can aggravate an already difficult situation. To get through the situation as smoothly as possible, avoid the following five mistakes:
Letting the bailiff into your home without requesting documentation
It's possible that a bailiff could arrive at your house without the documentation necessary to legally justify his or her presence.
You do not have to allow a bailiff to enter without first seeing a court warrant or writ giving the bailiff the right to enter. The bailiff should also have a document detailing the debt and its delinquency. The bailiff should have identification showing his or her authority.
Trying to force the bailiff to leave after he or she has already been granted entrance
Once a bailiff has shown the necessary documentation, you are legally required to grant him or her access to your property. After the bailiff has come into your home or onto your property, you should not try to force him or her to leave. The bailiff has a legal right to be on your property at this point. You would therefore be infringing on this right by trying to evict him or her.
Preventing the bailiff from seizing goods if he or she has proper documentation
With the proper documentation, the bailiff also has the right to seize goods as detailed by the creditor that he or she is representing. If you want to try to prevent the seizure of goods, you can try contacting the creditor directly and negotiating a repayment solution.
Not keeping track of possessions that the bailiff seizes
You need to carefully make note of everything that the bailiff seizes so that you have an idea of the value of repossessed property.
While there may not be anything you can do to keep your property once the bailiff arrives, the value of seized property should be subtracted from your outstanding debt. Keep track of what's being seized and discuss how much you still owe (if anything) after these possessions have been seized with the bailiff or your creditor.
Making any declarations to the bailiff that could be interpreted as threats
It's easy to become upset and get carried away when a bailiff arrives at your property with the intention of seizing your belongings. However, you might run into legal trouble if you react with anger or threaten to take any countermeasures. Keep your cool and respond appropriately to the situation.
To learn more, contact a business like A Lower Mainland Bailiff.