In the latest addition to our popular recap series we look at what you should do if you are notified that bailiffs could attend your place of work.
It can be a scary time, especially if you aren’t expecting them so we’ve looked to answer these frequently asked questions and more.
Why are bailiffs at my door?
The most common reason a bailiff, also known as an enforcement officer, may visit is to recover unpaid debts or enforce court judgements that have been made against your business for legal debts.
Bailiffs can only visit after they’ve given proper notice.
You may receive a notice from a certified enforcement officer, usually within at least seven days prior to their visit.
The notice must include the following details:-
- Your name, address and contact details
- The correct amount of debt owed
- Be written in an acceptable legal style
Unless the court has authorised otherwise, they can only visit within reasonable hours usually between 6am and 9pm.
If you’re not at the premises, the bailiff can return at another time. They can leave a notice informing you of their visit, but they cannot take any action until they’ve gained entry legally.
Different types of bailiffs
Not all bailiffs operate under the same rules. There are different types of bailiffs which you may have an encounter with:-
Certified Enforcement Agents – are the most common bailiff. They are authorised to take control of goods and sell them to recover debts on behalf of creditors. They are not officers of the court, but they are certified to operate by the court.
County Court Bailiffs – these bailiffs are employed by HM Courts and Tribunals Service and are used when you have a county court judgement that you have not paid as the court has ordered.
High Court Enforcement Officers – are officers of the High Court of England and Wales. They are responsible for enforcing judgements of the High Court, often by seizing goods or repossessing property.
Civilian Enforcement Officers – enforce magistrates court fines and warrants for arrests. They can work for either HM Courts and Tribunal Services or by private companies as approved enforcement agencies.
What can businesses take from my business?
Bailiffs have the legal power to either ask for repayment or recover the money by seizing goods and selling them at a public auction. Some the assets they may take include:
- Office furniture, equipment and machinery
- Company vehicles
- Stock or inventory
However, bailiffs cannot take items that are essential for the business to continue operating, or goods that are on hire purchase or leasing agreements.
What do I do if I have received notice from a bailiff?
Bailiff action can be damaging for a business, as it can disrupt operations, damage relationships with creditors and suppliers, and harm the company’s reputation.
If your business is facing bailiff action, you still have several options to prevent seizure of assets.
We offer a free initial consultation to any business owner or director who would like to hear about all their options and you may have a lot more than you think!