Do I Need A Certificated Bailiff?

We receive many calls from individuals and companies asking for help from a bailiff. The following explanation will help to clarify the functions of bailiffs. Most private companies that are bailiffs are Certificated Bailiffs with a few that are Sheriff's Officers. None are County Court bailiffs.

Do I need a certificated bailiff

What are the types of bailiff?

There are many types of Bailiff, even a Water Bailiff but for the collection of debt they fall into 3 categories.

Certificated Bailiffs
Now sometimes called Enforcement Officers, these people are certificated in the County Court under The Distress for Rent Rules 1988. This is specifically for commercial rent arrears, Local Authority taxes etc. (see section below).

County Court Bailiffs
These are people employed directly by the County Courts for the enforcement and recovery of debt judgements in the County Court. These people can not hold bailiff certificates.

Sheriffs Officers (High Court Enforcement Officers)
These are people employed by the High Sheriff (which is a political post). The High Sheriff appoints a Sheriff (usually a firm of solicitors). The Sheriff then appoints a bailiff company as the Sheriff's Officers. They will enforce and recover all the judgements from the High Court and certain large County Court debts.

What Work Does A Certificated Bailiff Do?

Commercial Rent Recovery
To collect, via distress, arrears of rent on commercial property for landlords.

Council Tax and Non Domestic Rates
To collect, via distress, the above local taxes for local authorities.

Magistrate Court Fines
To collect, via distress, unpaid court fines and road traffic penalties.

Arrest Warrants
To make arrests with and without bail for magistrates courts for non payment of fines, breaches of probation orders and for Local Authorities - usually for non payment of local taxes.

Inland Revenue & VAT Work
To collect, via distress, unpaid VAT, PAYE, income tax, corporation tax, etc., for HM Revenue And Customs.

Child Support Agency work
To collect, via distress, unpaid child support liabilities for the Child Support Agency.

Traveller Evictions
To evict Gypsy or New Age type travellers from land under common law, when authorised by a landlord or local authority.

Forfeiture of Lease
To take peaceable possession of commercial property for landlords where a tenant has breached the terms of their lease.

Other Work
A Certificated Bailiff will generally do other work like process serving, vehicle repossession and general debt collection.

What Work Does A County Court Bailiff Do?

They execute Warrants of Execution for County Court Judgements. When you have taken a debtor to court and won and judgement has been made they will execute this warrant for you. They are instructed via the County Court where you gained your Judgement. This is mainly for small debts under £5000. They are the only people who normally deal with debts for under £600 but we are now able to offer another solution see CCJ Recovery - An Alternative.

These are also the bailiffs that evict tenants from residential property who do not pay their rent or people in mortgage arrears or generally troublesome tenants.

What Work Does A High Court Enforcement Officer or Sheriff's Officer Do?

A Sheriff's Officer, now called a High Court Enforcement Officer, is an Officer of the High Court and they execute Writs of Fieri Facias which are the High Court equivalent of a County Court Warrant of Execution usually on debts of above £5000. However, if you wish your court judgment to be collected by the High Court Enforcement Officer you can transfer any debt of above £600 up to the High Court for The High Court Enforcement Officer to enforce. To arrange this, call or email us to arrange this or for more information. They also take possession of land and property.

I Have An Urgent Dispute And Need A Bailiff Now

There is no chance of this unless you are a commercial landlord needing to recover outstanding rent arrears or to evict a tenant (only Commercial Property). For everything else a bailiff or sheriff is powerless to act without a Warrant which takes time to obtain and must go through the due process at Court. The quickest possible time would be around 21 days.

Act Now!

If the guidance on this page has led you to decide a certificated bailiff is an appropriate solution to your problems, then we can arrange for one of our bailiffs to take the necessary action.

Simply give us a call to discuss the details of your problem and we will confirm what action we can take and when.

Want To Be A Bailiff?

We run short training courses throughout the year to help you become a bailiff.
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Information on this site is subject to change at any time without notice. The publishers accept no liability for loss or injury arising from the use of information on these pages. All prices exclude VAT unless stated otherwise. We endeavour to keep all information up to date but cannot guarantee availability of any product or service. All rights reserved. E&OE.