Bailiff Guide
What are Bailiffs?
Bailiffs collect debt on behalf of a creditor (a person or company who is owed money). There are different types of bailiffs:
- County court bailiffs.
- Certificated bailiffs.
- Private bailiffs.
What do Bailiffs Collect?
Bailiffs are used to collect a range of debts, such as:
- County court judgements.
- Unpaid council tax.
- Magistrates court fines.
- Unpaid Child Support Agency maintenance payments.
- Outstanding rent.
Who Can Be a Bailiff?
- Anyone (male or female) can act as a bailiff if they are granted legal authority to perform bailiff duties.
- Certified bailiffs (recommended to be ‘fit and proper’ by their firm of bailiffs) are preferred by some creditors.
- Bailiffs must be certified to collect road traffic penalties and rent arrears.
When do Bailiffs Perform Visits?
- Bailiffs collecting rent must visit during daylight hours.
- Bailiffs pursuing other debts can collect at any time, but generally visit between 8am and 8pm.
What Legal Rights Do Bailiffs Have?
- A bailiff must possess a ‘warrant’ or ‘warrant of execution’ to collect the debt on behalf of the creditor.
- If working on behalf of the magistrates’ court, a bailiff will need to have been issued with a ‘liability order’ or a ‘distress warrant’.
- Creditors may send ‘advisors’ or ‘collectors’ to your house to arrange a repayment structure with you, but they have no legal right to enter your home or seize any items.
If a Bailiff Visits, How Do I Know They’re a Bailiff?
- A bailiff should show identification or their authorisation if requested.
- Rent collecting bailiffs must show the certificate provided by the county court if requested.
- Bailiffs collecting unpaid council tax must show authority from the local authority.
Can a Bailiff Force Entry to My House?
- The majority of bailiffs have no right to force entry to your home.
- Collectors working on behalf of the Inland Revenue can, on rare occasions, obtain a warrant to force entry.
Can I Legally Refuse to Let a Bailiff into My House?
- Yes. A bailiff has no right to force entry into your home, unless provided with a warrant from the Inland Revenue to do so.
- Bailiffs may use a range of techniques to gain peaceful entry.
When Can I Call?
- You can call the debt helpline any time; 24 hours a day, 7 days a week, 365 days a year.
How Can I Get More Information About Bailiffs?
- Call us free on 0800 0789 544
- Email: info@e-insolvency.co.uk
