What is a Bailiff?

Our Canadian judicial system is fair, yet complex. There are numerous officers of the law, each with a responsibility to protect Canadians. Some are more familiar than others—the duties of police officers, lawyers, and judges are well-known. Yet others, like a bailiff, are less understood.

And a bailiff is one of the most important officers in and out of a courtroom, as a bailiff enforces legal proceedings related to your debt. They are the ones who garnish your wages or seize your assets. So if you struggle with debt, a Bailiff can become an imposing authority figure.

Let’s explore what a bailiff can and cannot do and how you can protect yourself.

Types of Bailiffs

There are two types of bailiffs in British Columbia, licensed bailiffs and court bailiffs. Consumer Protection BC is responsible for issuing licences to licensed bailiffs, while the Attorney General appoints court bailiffs.

Consumer Protection BC  is a non-profit organisation that enforces consumer protection laws. They also manage the Business Practices and Consumer Protection Act (BPCPA) which outlines the responsibilities of vendors, service providers, and consumers. The purpose of the BPCPA is to ensure that consumers aren’t taken advantage of by fraudulent, deceptive, or unfair business practices. These guidelines outline the responsibilities of both types of bailiffs:

Licensed bailiffs

Licensed bailiffs enforce contracts where payments have not been made. If the creditor wants a non-judicial remedy, they can contact a licensed bailiff instead of going to court. The licensed bailiff can enforce the creditor’s rights under their agreement with the debtor. In this situation, licensed bailiffs act as debt collectors.

The court does not oversee the activities of licensed bailiffs when they act as debt collectors because they are not enforcing a court order. Instead, licensed bailiffs must follow provincial rules  that apply to debt collectors, such as:

• Bailiffs cannot threaten, intimidate, harass, or use profanity when dealing with a debtor. Their communication must be professional
• An adult must be present when items are removed from the debtor’s home
• Bailiffs cannot use false information or information that presents them in a misleading way to the debtor
• The property they distrain, seize, or repossess must stay within 100 km of where it was removed (unless the bailiff has the debtor’s written consent or consent from the Director of Consumer Protection BC)

Court bailiffs

Court bailiffs enforce judgments from legal proceedings. For example, the court can award a judgement for money a debtor owes. However, the court isn’t a collection agency, so it does not enforce payment.

If a court awards a creditor a judgement against you, the creditor must take appropriate action to collect their money. That can cause issues, for you may have legitimate reasons for not paying (such as not having the funds or disagreeing with the judgement).

If you refuse to pay, a creditor can get a writ (court order) to collect money. Once the creditor has a writ, a court bailiff is the enforcement officer responsible for collections. They can garnish your wages and seize assets like cash and investments. They may seize and sell other assets, including vehicles and land to satisfy your debt. A bailiff can also evict you from your premises.

The courts oversee the actions of court bailiffs because they act on behalf of the court. Court bailiffs must remain impartial and respect both parties. As court officers, they must avoid conflict of interest and act without bias.

How Should You Deal With a Bailiff?

Situations involving debtors and court bailiffs can be stressful. Strong emotions can lead to aggressive behaviour by either party. In such cases, knowing your legal protections is essential:

1. Written notice: A bailiff must give you details in a letter or by email about the debt you owe.
2. Payment arrangements: A bailiff can only contact you after the debt is past due.
3. Unreasonable Disturbance: A bailiff must respect your privacy. They must contact you with cost-free methods. There is also a respected timetable for contact (7 AM to 9 PM, Monday through Saturday, 1 PM and 5 PM on Sundays). Bailiffs cannot contact you on statutory holidays.
4. Unreasonable harassment: A bailiff can only contact relatives, friends, or acquaintances for your contact details. Bailiffs cannot threaten, assault, search, arrest, or apprehend you.
5. Threats: A bailiff can only threaten to sue you if they have started legal action.
6. Collections: A bailiff can only collect what you owe.
7. Identity: You can confirm the bailiff’s identity and ensure they are licensed with the province of BC. You can also check to see if the debt belongs to you and that any amounts owed are accurate.
8. Property seizures: Regardless of what you owe, there are some items a Bailiff cannot seize , outlined in the Personal Property Act. In British Columbia, debt collectors and bailiffs must leave:
   1. Vehicles with a value of $5,000 or less
   2. Food and clothing
   3. Appliances and furniture that don’t exceed a maximum value of $4,000
   4. $10,000 worth of tools or equipment you use for work
   5. Any medical devices you need

In certain circumstances, it isn’t worth it for a creditor to use a licensed or court bailiff to enforce their contract or judgement since the seizure and sale of the debtor’s assets won’t cover the judgement and the fees.

Additional Help if You Need to Stop a Bailiff

Even knowing your rights, it can be traumatic and disruptive when a bailiff contacts you to garnish your wages or seize and sell your assets. However, you are not alone. If you have more debt than you can manage or need to catch up on payments, our team of Licensed Insolvency Trustees at Chase and Associates is here to help. We will work with you to reduce or eliminate your debt and stop any collection activity or legal action from your creditors. Find the support and guidance you need during this challenging time.

Call us at the office that is most convenient for you, or contact us online for a free consultation.