Do I need a Certificated Bailiff?

A look at the work of a Certificated Bailiff, and how it differs from a County Court Bailiff and a Sheriffs Officer.

What are the types of bailiff?

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

• Certificated Bailiff
• County Court Bailiffs
• Sheriffs Officers

Certificated Bailiff

Certificated Bailiffs are sometimes now called Enforcement Officers.

A certificated bailiff is a bailiff certificated in the County Court under The Distress for Rent Rules 1988. This is specifically for Commercial rent arrears or 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

Sheriffs Officers are sometimes called 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 Sheriffs 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

Collect via distress arrears of rent on commercial property for landlords.

• Council Tax & Non Domestic Rates

Collect via distress the above local taxes for local authorities.

• Magistrate Court Fines

Collect via distress unpaid court fines and road traffic penalties.

• Arrest Warrants

Make arrests with and without bail for magistrates courts for non payment of fines and breaches of probation orders, and for Local Authorities usually for non payment of local taxes.

• Inland Revenue & VAT work

Collect via distress unpaid VAT, PAYE, income tax and corporation tax, etc., for HM Revenue and Customs.

• Child Support Agency work

Collect via distress unpaid child support liabilities for the Child Support Agency.

• Traveller Evictions

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 such as process serving, vehicle repossession and debt collection.

What work does a county court bailiff do?

A County Court Bailiff executes Warrants of Execution for County Court Judgements. These warrants are issued when you have taken a debtor to court and win, and a judgement is made. The County Court Bailiffs are the people who will execute this warrant for you. They should be instructed via the County Court you gained your Judgement in. They are generally for debts under £5000.

The County Court Bailiffs are also the bailiffs that evict tenants of residential property who do not pay their rent, evict people in Mortgage arrears and evict troublesome tenants.

What work does a sheriffs officer do?

A Sheriffs Officer is an Officer of the High Court and executes Writs of Fieri Facias, which are the High Court equivalent of a County Court Warrant of Execution. They are usually on debts of above £5000. However, if you wish your court judgment to be collected by the Sheriffs Officer you can transfer any debt of above £600 up to the High Court for The Sheriffs Officers to enforce.

I have an urgent matter and need a bailiff to go there tomorrow

Not possible, unless you are a commercial landlord needing Rent Collecting or a tenant evicting (only Commercial Property). For everything else a bailiff or sheriff is powerless to act without a Warrant which takes time to get and must go through the due process at Court. Expect a minimum of 21 days delay.

Andy Coates
National Enforcement Services
Darlington
Co. Durham

Links:
Web: Andy Coates, National Enforcement Services, www.enforcementofficers.co.uk