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For Your Info
What you should know about the Court-Ordered Seizure of Personal
Property by Court Bailiffs
This information has been written to advise you of your rights when
a Court Bailiff comes to make a court-ordered seizure of your personal
property. * This information does
not apply to Corporate Debtors.
When can a Court Bailiff take
my personal property?
- Court Bailiffs can seize personal
property when a court orders them to do so. This can happen when
the court has determined that you owe money and haven’t paid,
as you were required to.
Can the Court Bailiff take things
right now?
- Yes. The Court Bailiff has the
right to place property under seizure immediately, and may or
may not physically remove it at this time. Immediate seizure
does not affect your right to choose certain property that
the Court Bailiff cannot sell to pay the Court Judgment. This
property is known as your “exemption” and you have 2 days
to claim it. Your right to claim your exemption expires two days
after the seizure or the notice of your seizure.
Can Court Bailiffs come onto my property
even if I don’t want them to?
- Yes. Court Bailiffs are Peace
Officers and have the right to enter onto your property.
Can I pay the court judgment right
now to avoid having my property seized?
- Yes. You can pay the full judgment
plus the Court Bailiff’s costs by cash, bank draft or money
order. The bailiff can usually estimate costs accurately at that
time.
Is there any way for me to get more
time to pay?
- Sometimes this is possible, but
it is entirely up to the judgment of the Creditor and the Court
Bailiff. If you are prepared to pay the court judgment over time,
it might be possible to work out a payment schedule. If you want
to do this, you may suggest it to the Court Bailiff.
What if there has been a mistake
and I have already paid the Court Judgment?
- Tell the Court Bailiff about this
and show him or her a receipt or other documents showing that
you have made the payment. Also, contact the person you made the
payment to and ask that he or she resolve the matter.
Do I have to let the Court Bailiff
take whatever he or she wants?
- Yes, but you are entitled to and
may choose to exempt certain property, which means it can’t be
sold to pay the court judgment. If the Court Bailiff intends to
remove property immediately, it’s best for you to identify your
exemptions prior to the removal. This way, you avoid having to
pay any storage or transportation costs involved in having to
exempted property returned to you.
The things you get to keep or have
returned to you are called “exempt goods”. You are allowed to exempt
the items listed in the chart below:
| |
Item |
How much you
can exempt |
| |
Necessary Clothing |
All necessary clothing
for you and your dependants |
| |
Medical Aids |
All necessary medical
aids for you and your dependants |
| |
Household goods |
$4,000.00 worth
(including furniture and appliances). |
| |
Tools of your trade |
$10,000.00 worth
of tools or personal property used to earn a living |
| |
Motor vehicle |
$5,000.00 worth
of equity in a single vehicle (unless you are in default on
family maintenance payments, in which case you can only exempt
$2,000.00 worth of equity on a vehicle). |
| |
Equity in your home |
$12,000.00 worth
of equity if you live in the Greater Vancouver Regional District
or Capital Regional District; otherwise, $9,000.00 worth of
equity. |
Are there situations in which I
am not entitled to claim exempt goods?
- If you are a Corporation owing
money, then you are not entitled to claim exempt goods. Also,
you may not be entitled to claim exempt goods when the seizure
relates to debts owed to Government, including taxes.
Why am I allowed to keep this particular
amount of property?
- The law provides these exemptions
to make sure that after a court-ordered seizure, you are left
with the basic necessities for maintaining a household and earning
a living.
How do I figure out the value of
my personal property?
- Do your best to estimate the current
value of things you want to include under your exemption. Notify
the Court Bailiff. Court Bailiffs are experienced at estimating
the price that property is likely to receive when put up for sale.
They will let you know whether your estimates are realistic.
What if we disagree over the value
of my personal property?
- If you disagree with the value
a Court Bailiff has placed on your property, you can ask the Court
Bailiff to arrange for a professional appraisal. If the appraisal
shows that you are right, the Court Bailiff pays the cost of the
appraisal. If you are wrong, the appraisal costs are then added
to the amount you owe.
Once my property has been seized,
is it too late for me to pay the court judgment and get my things
back?
- You can pay the court judgment
plus the Court Bailiff’s expenses anytime before the property
is sold. Do this through the Court Bailiff. Once the property
has been sold, you cannot get it back. You should ask the Court
Bailiff when the goods are going to be sold.
What rules do Court Bailiffs operate
under?
- Court Bailiffs follow Common Law,
Provincial Legislation and a contract with the Provincial Government.
The contract sets out rules that Court Bailiffs must follow.
How are bailiff fees calculated?
- Within a few weeks, the Court
Bailiff will give you an invoice detailing all costs. If you want
to verify that these costs are appropriate, you can ask the Court
Bailiff or a Court Contract Administrator (see below)
to give you a copy of the province’s Fee Schedule for Court Bailiffs.
There are separate schedules for Small Claims Court Orders and
Supreme Court Orders.
Can I complain if I don’t think I
have been treated fairly by a Court Bailiff?
- Yes. Complaints about the inappropriate
actions of a Court Bailiff should be made to the Court Bailiff
firm. If this does not resolve the problem, you may contact a
Contract Administrator of the Ministry of Attorney General.
Where can I get help to manage my
debts?
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