MEANING OF WORDS

Bailiff
A person who is employed to obtain payment of a debt whether by removal, or threatened removal, of goods.

Bailiffs Certificate
This is a Certificate that is given to the bailiff once a County Court Judge is satisfied that the bailiff is a “fit and proper” person. The Certificate resembles a Photographic Identity Card, but is personally signed by the Judge and is stamped with a court seal.

Case Law
This is where either the Court of Appeal, High Court or House of Lords has interpreted legislation that it clear and easy to understand.

Certification
Private bailiffs who enforce distress for council tax (and rent, road traffic penalties, etc.) must be in receipt of a certificate. This is granted to them by a County Court Judge, who must be satisfied that the bailiff is a ‘fit and proper person’ to hold such a certificate.

Common Law
This is a law that has been established by very long standing practice.

Distress & Distraint
This refers to the process of removing, or threatening to remove goods, in order to enforce a debt.

Enforcement
This is used to refer to any process of seeking to compel payment of a debt by the use of a legal remedy.

Impounding
This is the process by which bailiffs obtain legal control over the goods they have seized. In other words: the process of impounding, gives the bailiff the power to return to the premises, remove and sell the goods. Goods could be impounded by immediate removal, or by leaving a bailiff in ‘close possession’ of the goods: i.e. on the premises. However, the most common method of impounding is by way of a ‘walking possession’. We have dealt with this in much further detail on our site.

Legislation.
This concerns both Acts of Parliament which is Primary Legislation and Statutory Instruments which is Secondary Legislation.

Levy
This relates to the action of a bailiff to seize goods under a warrant of execution. The levied goods are then considered to be in the custody of the law.

Local Authority
In the event of Council Tax & Business Rates, this would be the council that you would pay your rates to.

Private bailiff
All bailiffs other than county court bailiffs are private, i.e. they work on a commercial basis and obtain their income from the fees they charge for the work.

Replevin
Where goods have been subject to distress illegally, Replevin is a court remedy which can be used to recover those goods.

Seizure
This refers to the process whereby the bailiff would identify the goods which can be taken in payment of the outstanding debt.

Walking possession
This is the form of impounding which is most commonly used for the enforcement of domestic debt. Once goods have been seized, they remain on your premises, and therefore available for your use, on the understanding that they will not be removed. Once a bailiff has obtained walking possession, usually via a signed written agreement, he has the right to return to the premises, forcing entry if necessary, and to remove and sell the goods. There is a fee that the bailiff will charge for entering into a Walking Possession.

Warrant
As in ‘warrant of distress’ – this is the authorisation which allows the certificated bailiff to carry out the process of distress.

Warrant of execution.
This is a method of enforcement which authorises the Certificated Bailiff to sell sufficient goods of yours to pay for the debt that he is instructed to enforce together with his fees for doing so.

Warrant expiry
A warrant has a “life” of just 12 months from the date of issue. It cannot be enforced beyond that date. You must insist on seeing a copy of the warrant.