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The bailiff can only seize goods which belong to the debtor. (See also seizure of goods.) Bailiffs rights also extend to recovering items which are jointly owned by someone else, such as a spouse.
The bailiff cannot seize the following:
If the bailiff is collecting a County Court Judgement debt, Council Tax, or Community Charge the following goods cannot be seized:
If the Bailiff is collecting a Fine the following goods cannot be seized:
When a bailiff presents himself to your home, they must have a ‘warrant’ or ‘warrant of execution’ to be legally authorised to collect money owed under a county court judgment.
Bailiffs hired by the magistrates court to collect unpaid council tax, fines, compensation or unpaid maintenance will be acting on either a ‘distress warrant’ or a ‘liability order.’
If you are in arrears, creditors will sometimes send representatives to your home to try and negotiate repayments with you. Such representatives are also known as ‘collectors’ or ‘advisers’. However, they do not have powers to enter your home and seize your goods.
Bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry. All other bailiffs have a right of peaceful entry only. Bailiffs therefore cannot use force to enter your home, by breaking a window or a door. However, they can enter your property through an open window or open door and can climb over fences and gates if necessary. (They are not permitted to break windows, doors, or fences.)
A bailiff cannot force their way past you if you answer the door. If all your doors and windows are securely closed they will not be able to gain peaceful entry to your house unless you let them in. Bailiffs have been known to use the following tactics to gain peaceful entry:
If your windows and alternative doors are securely closed, you can refuse entry by standing in the doorway. While we realise this can be an intimidating ordeal, being aware of tactics and schemes can pay dividends.
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