Can bailiffs seize my property for my child's debt? - Tips, FAQs and more (2023)

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bailiff (sometimes also "law enforcement officers") are people who work on behalf of their original creditors to collect their debts.

Unlike collection agenciesprobation officerhave some additional legal powers that allow them to sometimes force entry into your home and confiscate property.

Of course, visiting a bailiff can be a lot more intimidating than visiting a collection agency, but you need to know that bailiffs also have certain rules to follow.

There are assets that bailiffs cannot accept and certain things that bailiffs cannot do, depending on the type of debt you have.

Don't worry, here's what to do!

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What things can't bailiffs handle?

There is a long list of goods and possessions that bailiffs cannot take away.Bailiffs may not take possessions belonging to another person.This means that they are only allowed to take property belonging to the person who is at fault.

Therefore, a bailiff cannot take any of your property for a debt belonging to your child.

The reverse is also true: a bailiffcannot take anything belonging to your childrenB. if you are the debtor of the debt. Bailiffs are also not allowed to bring pets or guide dogs, or items necessary for their work or study. You also cannot take goods you purchased with aPurchase and sale agreement (HP).

Also, the bailiff may not take any equipment or devices that you may need to meet your basic household needs. This includes things like tables, chairs, beds, stove, microwave, refrigerator, cell phone, etc.

Bailiffs are also not allowed to force entry into your home when they are collecting certain types of debts, for example debts.municipal tax liability.

What should I do if I receive a writ of execution from a bailiff regarding my child's debts?

When bailiffs are considering visiting your home to see your childdebts, you will probably get aexecution orderfrom them. After receiving the writ of execution, you usually have7 Tomebefore a bailiff shows up at your door. You can use this time to contact them and let them know that the debt is owed to your child and not to you.

Your phone number will likely be given in the order of execution. Calling them is a much better idea than sending them a letter as it is much faster and more convenient. If the bailiffs understand the fact that the debtdoes not belong to youthen you are clear. However, if they persist, you can tell them that you can send proof that the debt is not yours.

Ask them to suspend your case while you submit the evidence. You can give them proof as aCopy of your bank statementor yoursCity tax bill for the last three months.

What should I do if a bailiff shows up on my doorstep about my child's debt?

When a bailiff is at your door, you can deal with themthrough a closed door.First, ask them to prove that they are who they say they are.law enforcement officersmust carry an ID with them.

Ask them to show you this, he will give you their name and what kind of bailiff they are.

Once you know the name and type of bailiff, you can look them up to make sure you are a real bailiff.

• If they say they are certified police check them outcertified bailiff record.
• If you say you are a circuit court bailiff,contact the District Courtto make sure they are telling the truth.
• If you are an enforcement officer of the Federal Supreme Court,check the directory.

Once you have proof that they are who they say they are, ask them to provide proof of what they think you owe.

They can also request that a court produce a writ, known as a "Writ". If the debt belongs to your child, his name will appear on these documents, not yours. Inform the bailiff of this fact.

If the bailiff doesn't believe you, you can prove it to him by showing any identification document, such as a driver's license.

At that point, most bailiffs will realize that the debt does not belong to you, but to someone else. If your son doesn't live with you, he doesn't have to be there and he leaves.

If your child lives with you, they still have reason to be there, but these bailiffs can only take things that belong to your child.

What should I do if a bailiff is trying to take something that belongs to me and not my child?

When a bailiff enters your home, they will try to take goods to pay off the debt they think you owe. The first time, only the goods you own are inventoried. If they attempt to inventory an item that belongs to you and not your child, you must step in and let them know that they are not authorized to do so.

Remember that bailiffs can only take over things that belong to the debtor. So if they try to take something that's yours when your child owes the debt, that's totally against FCA guidelines. This also applies when they try to take ownership of someone else as their partner.

If a bailiff tries to do this, assure him that the property is yours and not your child's. You can prove this by showing them a receipt or credit card receipt in possession. If they are trying to appropriate a vehicle that you own, you can contact the DVLA to prove that you are the registered owner.

What should I do if bailiffs take something that belongs to me and not my child?

If the bailiffs take something that was yours and not your child's, you must complain to them within 7 days. They then have 10 days to respond to you. they are bailiffsnopermission to take other people's goods with youif they don't have the debt.If you complain to them, state that they took someone else's property and not the property of the person who owed the debt.

You can prove this again by attaching an invoice or credit card receipt for the purchase of the item.

If the bailiff takes your things and refuses to return them, even though you've provided proof, you can contact the original creditor. this is the personcompany they work forfor.

If this still doesn't get you anywhere, I recommend you seek advice from a professional. You can seek advice from an independent charity such as StepChange or Citizens Advice.

Use the information provided by your professionals to plan what your next step should be in getting your things back.

common questions

Diploma

I hope this advice has been helpful to you and I hope you don't have any problems dealing with a bailiff who may be knocking on your door.

references

Anhang 12, Courts, Tribunals and Enforcements Act, 2007

Part 1, Rule 10, Law Enforcement Agent Certification, 2014.

Gov.uk, CPR – Rules and Instructions, 2018.