The word ‘bailiff’ is often used as a general term for legal officers who visit people at home to collect unpaid debts. However, bailiffs only operate in certain parts of the country and might be called something else where you live.
In Scotland, for example, bailiffs are known as ‘sheriff officers’. They operate in the same way as bailiffs but it’s important you know what to expect if you’re anticipating enforcement action.
What is a bailiff?
Bailiffs (officially called enforcement agents) are court officers with the legal power to collect debts. They operate in England, Wales, and Northern Ireland.
There are various types of bailiff, including a County Court bailiff, a family court bailiff, a High Court enforcement officer, and a civilian enforcement officer. Each type has its own rights, responsibilities, and processes.
Bailiffs are usually employed by creditors when they want to collect payment of a debt but have been unsuccessful in trying to recover it themselves. They might get involved if you have unpaid County Court Judgments (CCJs), council tax arrears, or tax debts.
Bailiffs are often compared to debt collectors but they are not the same. For example, a bailiff or enforcement agent has the legal power to enter your home to collect payment of a debt, while a debt collector or debt collection agency can only ask you to pay what you owe.
Can bailiffs force entry into my home?
One of the most common questions about bailiffs is whether they can ever force entry into your home to collect payment of a debt. However, in most cases, they must enter your property peacefully through a front or back door.
Bailiffs can’t force entry when you’re not there or if the only person present is vulnerable or a child. They also can’t push past you in an attempt to gain entry into your home or block your door with their foot to stop you from closing it.
The only situations in which bailiffs are allowed to force entry into your home are if they are visiting to collect a criminal fine or tax debt owed to HMRC or you’ve broken the terms of a controlled goods agreement.
What is a sheriff officer?
A sheriff officer is an officer of the court with the authority to enforce court orders and carry out various other duties related to the debt enforcement process, such as serving court documents. Put simply, a sheriff officer is the Scottish equivalent of a bailiff.
They play an integral role in the debt collection process and have the power to enforce several types of court orders, including property evictions, wage arrestments, and asset seizures.
Despite working on behalf of the court, they tend to act more as intermediaries between the court and the debtor and are typically employed by private firms or self-employed.
What powers do sheriff officers have?
Like bailiffs, sheriff officers must stick to certain rules when enforcing a debt and can only enforce orders exactly as handed down by the court. We’ve outlined the main powers of a sheriff officer below:
Evicting you from your home
If your landlord has taken action to have you evicted from your home, it will likely be a certificated enforcement agent who visits you to carry out the eviction.
They will serve you with a ‘charge for removing from heritable property’, which is a notice informing you that the eviction will take place within two weeks, and get back in touch to inform you of the eviction date 48 hours beforehand.
Entering your home
If the court has given a sheriff officer permission to enter your home, they must give you at least seven days’ notice by serving you with an enforcement notice.
They can also use necessary reasonable force to force entry in certain situations, which means they can sometimes break a lock, push open a door, or enter through a window if required.
Refusing to let a sheriff officer into your home when they have a court order permitting them to do so could lead to you being charged with breach of the peace.
Seizing your possessions
If you have priority debt, such as council tax arrears, the court may instruct a sheriff officer to seize and sell your possessions to recover the money owed.
They will be given an ‘exceptional attachment order’, which gives them the power to enter your home and remove belongings equal to the value of the debt, and inform you at least four days before they visit you.
However, sheriff officers can only take non-essential items that you don’t need to maintain a certain standard of living and can’t take things like clothing, white goods, and beds. They can also only visit between the hours of 8am and 8pm Monday to Friday without a court order stating otherwise.
Removing a person from your home
In certain situations, a sheriff officer can physically remove a person from their home.
For example, they have the power to remove someone from a property if they are being evicted and are refusing to cooperate, remove a child to a place of safety if they are in danger, or remove a violent partner if they are posing a danger to their partner (this will likely be done with the police also in attendance).
What rights do I have when a sheriff officer visits me?
When a sheriff officer visits you at home, it’s important you know your rights so you can recognise when you are being treated unfairly. We’ve summarised your rights when dealing with sheriff officers below:
Repaying the debt
Even if a sheriff officer has already visited you, you have the right to arrange full or partial payment of the debt to the sheriff officer if you’re in the financial position to do so.
This can stop enforcement action in its tracks and allow you to move on from the debt.
Asking for proof of identification
When a sheriff officer visits you, you have the right to ask for proof of identification before permitting them to enter your home.
They are obliged to show you their ID on request and – like all court officers – should carry a red booklet that contains the crest of the court service, a photo of themselves, and the signature of the local sheriff clerk.
Complaining about a sheriff officer
If you believe a sheriff officer has treated you unfairly, you have the right to make a formal complaint.
This can be done by writing to the sheriff principal (the equivalent of a district judge) of your local sheriff court stating the reason for the complaint and attaching any relevant evidence.
Are bailiffs legal in Scotland?
Despite only operating in other parts of the UK, you may be wondering if a bailiff can legally enforce a debt in Scotland.
However, while sheriff officers have the power to enforce a debt in Scotland that was issued elsewhere in the UK, bailiffs have no power of enforcement in Scotland.
If a creditor from elsewhere in the UK wants to enforce a debt in Scotland, they must follow a certain process to allow a sheriff officer to collect the money owed on their behalf.
What items can a sheriff officer seize from my home?
When a sheriff officer visits you, they might agree to set up a controlled goods agreement. This is when they make a list of items they will return and seize at a later date if you fail to keep up with an agreed repayment schedule.
However, they can only take control of goods that are deemed non-essential and will usually start looking for high-value items first, such as cars, jewellery, and electronics.
Some of the things a sheriff officer is not allowed to take include:
- Vehicles up to a value of £3,000 that you require for work or childcare purposes
- Tools up to a value of £1,000 that you require for work
- Educational items up to a value of £1,000
- Essential household goods e.g. furniture, bedding, chairs
- Clothing or children’s toys
What happens when you ignore sheriff officers?
It’s not recommended to ignore a sheriff officer when they first get in contact with you. They will not simply give up and move on and, in most cases, will only seek further action to get you to settle the debt.
Unlike debt collectors – who can only contact you to try to encourage you to repay a debt – sheriff officers have greater legal powers and can take further action against you if you don’t cooperate.
For example, they may return at a later date with a warrant from the court to enter your home and seize your belongings. This could mean you lose your car and will more than likely end up owing more than you did in the first place due to extra fees.
Even if you can’t afford to repay the debt in full, you may be able to arrange a repayment schedule with the sheriff officer where you pay the debt in monthly instalments.
How should I deal with sheriff officers?
If you’re worried about being visited by a sheriff officer, the most important thing to remember is not to panic.
Depending on the reason for their visit, a sheriff officer must give you sufficient notice of their arrival and give you a chance to arrange payment of the debt.
Once you know a sheriff officer is going to visit you, you must respond as soon as possible, explaining the situation from your perspective and how you plan to deal with it. By showing that you’re willing to deal with your debt promptly, they are more likely to reach an agreement with you.
Alternatively, you can contact the individual or company you owe money to directly and organise a repayment plan that all parties can agree on. This can help you avoid being visited by a sheriff officer altogether.
How can I avoid being visited by a sheriff officer?
Like any form of enforcement action, the key to avoiding it altogether is to repay the debt in full or, at the very least, agree to repay what you owe in regular instalments. By showing that you’re committed to settling the debt, your creditor is less likely to take you to court and instruct sheriff officers to chase you for the debt.
Alternatively, entering into a debt solution, such as an Individual Voluntary Arrangement (IVA) or Debt Arrangement Scheme (DAS), can help you better manage your debt by consolidating it into smaller monthly payments that you can easily afford.
Remember, don’t hesitate to reach out for expert help and advice if you need it. Whether you’ve already been visited by sheriff officers or are worried about missing a repayment, they can discuss your options for getting out of debt and advise you on your next steps.
Conclusion
Bailiffs are legal officers of the court who are hired by creditors to collect unpaid debts in England, Wales, and Northern Ireland.
In Scotland, only sheriff officers can enforce a debt regardless of where the debt was issued and bailiffs have no legal power north of the border. This means that, if you’re being chased for an unpaid debt in Scotland, there is a chance you could be visited by a sheriff officer.
The more you know about sheriff officers and their powers, the more prepared you will be for enforcement action when it happens. If you’re worried about enforcement action, always reach out for free debt advice.
