County court bailiff
County court bailiffs are employees of Her Majesty's Courts & Tribunals Service and are responsible for enforcing orders of county courts by recovering money owed under county court judgments. They can seize and sell goods to recover the amount of the debt. They can also serve court documents and effect and supervise the possession of property and the return of goods under hire purchase agreements.
A county court bailiff can enter a premises to seize goods and sell these at public auction, they can enter a property through an open door or window (front and back) and can climb over fences and gates, but cannot break them down. 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.
Penalty for assaulting county court bailiffs
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) on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine of an amount not exceeding level 5 on the standard scale, or both; or
- (b) on an order made by the judge in that behalf, to be committed for a specified period not exceeding 3 months to prison or to such a fine as aforesaid, or to be so committed and to such a fine, and a Bailiff of the court may take the offender into custody, with or without warrant, and bring him before the judge.
A debtors 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.
County court bailiffs execute arrest warrants to secure attendance to court or committal proceedings (contempt of court etc.).
- "About HM Courts & Tribunals Service". Hmcourts-service.gov.uk. 2011-04-01. Retrieved 2013-07-30.
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