What can’t the bailiff seize?
There are some general exceptions to what a bailiff can take. They cannot take items such as clothing, bedding, furniture, household equipment or provisions as are necessary for satisfying the basic domestic needs of the debtor and his/her family and such tools, books, vehicles and other items of employment are necessary to the debtor for use personally in their employment, business and vocation.
The bailiff is not normally able to seize:
* Items which belong to someone else;
* Rented items;
* Goods on hire-purchase or conditional sale agreements; and
* Fixtures and fittings.
Can I hide my goods?
The law is silent on this, which basically means that consumer could hide goods which he/she does not want the bailiff to possess/seize. However, if there is a court order and the consumer tries to hide his/her goods, then they could be charged for contempt of court.
When can a bailiff not levy a distress?
Bailiffs cannot visit your home between sunset and sunrise or on any Sunday, Good Friday or Christmas Day.
Do I have to pay a fee to bailiffs?
If a creditor sends a bailiff to your house to recover a debt, the total charge comprising his visit, the cost of seizing and transporting, auctioning and so on will be induced to you.
What powers does the Chief Justice have in administering bailiffs?
The Chief Justice has the power to make rules in the following ways;
1. Regulating conditions for the appointment, fees and certificates granted to bailiff;
2. Regulating the security (if any) to be required from bailiff and the fees (if any) payable by them;
3. Regulating seizure and sale; and
4. Regulating the forms, fees, charges and expenses of and incidental to distress generally for the better carrying out of the purposes and provisions of Distress for Rent Act Cap 36.
Complaining about bailiffs?
A bailiff is not supposed to act unlawfully. He is supposed to gain entry through peaceful means only. If the bailiff breaks in forcefully, takes away things by force, damages your belongings, or takes away more than what is required to pay off your debts, you can write and complain to the legal authorities who have appointed them such as the Magistrates Court and/or Chief Registrar for action.
What happens if a bailiff does not hold an authorised certificate?
Any person who acts as a bailiff or pretends to hold a certificate of a bailiff and levies a distress for rent is guilty of an offence and upon conviction is liable for a maximum penalty of $100 or maximum imprisonment for three months (Sentencing and Penalties Decree 2009.)