bailiffs

By the office of the public relations office Uganda court bailiff’s association

What is a bailiff?
If you're struggling to keep up with debt repayments or have failed to pay debts you owe, you may be threatened with bailiff action.
Please note what a bailiff is and when bailiffs can be used to collect debts and the difference between a bailiff and a debt collector.
.
Received a bailiff's notice?
If you've received a notice from a bailiff, it's important you don't ignore it. Depending on the notice you've received, you will have options for stopping the bailiff action, as long as you act quickly.
What is a bailiff?
A bailiff is someone who has a legal power to collect certain debts. They may do this by asking you to pay what you owe, or by taking and selling your belongings to raise the money.
A bailiff is court official. They are also called enforcement agents and any paperwork you receive from a bailiff will use this term.
If you owe money, a bailiff may visit your home to see if anything you own can be sold to pay the debt. Any money raised from selling belongings is used to pay the bailiff's fees and charges as well as the debts you owe.
Bailiffs are only normally used when the people you owe money to, also known as creditors, have tried other ways to get you to repay your debt. You will normally get a warning that your creditors are considering using bailiffs to get you to repay your debt. If you haven't already contacted your creditor, this is the time to do so. By discussing your problems paying the debt you owe, you may be able to come to an arrangement with your creditor and avoid bailiff action altogether.
When can bailiffs be used?
Bailiffs can only be used for certain types of debts. These include:
• council tax and business rates
• parking penalties
• chief magistrate’s court decrees
• high court court decrees
• magistrates' court fines and compensation orders
• child support
• maintenance
• income tax, national insurance and VAT
• Business rent.
• Any case arising from a civil matter
Is it a bailiff or debt collector?
Some creditors use debt collectors to get their money back. Debt collectors are not bailiffs, and don't have the same legal powers as bailiffs.
A debt collector should never pretend to be a bailiff to scare you into paying a debt. A real bailiff will have been through a certification process and will have been given special court authorization to act. i.e. a court warrant or order.
Checking the difference between a bailiff and a debt collector
If you're not sure whether you're dealing with a bailiff or a debt collector, check the following:
• What kind of debt is the person chasing? If it doesn't appear on the list above, it's not a bailiff.
• Have you received an enforcement notice? This is the official notice from court i.e. notice to show cause why execution should issue some times its not served depending on the previous court proceeding the judge may include it or choose to ignore it it can be served by court process servers , law clerks or bailiffs but it will be followed with an affidavit of service so the bailiffs can to act against you. It must follow a set format. If you haven't received an enforcement notice, it's unlikely to be a bailiff. But it’s not always a must.
• Has an officer turned up at your door with no warrant? Bailiffs must give you certain warrant before they can visit your home, so if someone has turned up with no warrant it's probably not a bailiff.
Although debt collectors can chase you to pay what you owe, they're not allowed to take away your belongings.
If you're unhappy with the behavior of a debt collector, you should complain to your original lender or contact your local authority