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What Are The Legal Rights Of Bailiffs When They Visit Your Home?

 August 29, 2014  /  Comments Off on What Are The Legal Rights Of Bailiffs When They Visit Your Home?

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All citizens are expected to pay their taxes and return the loans in time. However, few of them fail to do so because of certain unavoidable circumstances. That’s where the services of Bailiffs become important as they are authorized by the court of law to initiate actions for recovery of the taxes or loans that the people owe to the council, company, person or any organization. The job of the bailiff is to persuade you to make the payment in the ordinary course of situations. However, sometimes it becomes difficult for them to recover the dues due to which they are forced to take away certain belongings for recovery of the taxes, loans or the due amounts. As regards the legal rights of the Bailiffs upon their visit to your home, the same are appended below.

a. Enter the House

These lawful persons, e.g. equita bailiffs are authorized to enter your house if you owe any money to any company or have failed to pay the council taxes. However, they cannot enter your house by force.

b.  Forceful Entry

Through the bailiffs are not expected to enter the house in a forceful manner, they can do so if someone has failed to pay the income tax or stamp duty to the state authorities.

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c.  Serve Notice

The bailiffs serve the debtors with a notice for repaying the loan or pay the taxes that become due. The said notices carry the details of the loans or the council taxes that have not been paid by any citizen who must receive the notice and abide by the relevant conditions. Usually, a period of seven days is given by the bailiffs upon their first visit to the debtors for payment of the dues. Further visits of these persons including the equita bailiffs can be prevented by making the due payments.

d. Collection of Debt

The bailiff is authorized to collect the debt or the council tax on behalf of the creditor or the council to whom the debtor has to pay it. As such, he or she can ask the debtor to pay the amount that is due towards him or her. Few citizens often fail to pay the court fine, parking fine, council tax bill or other charges that need to be paid to the bailiffs if they happen to visit the home.

e.  Take Away Things

Bailiffs have legal right to take away few things of the debtors that have failed to repay the loans or make payments in respect of the council taxes. If the bailiffs have entered your house, they can take the items from inside your house. But if they have not been allowed by you to enter the house they are authorized to take away the items that they come across outside the house, i.e. cars or other valuable items. Needless to mention, the bailiffs are not supposed to take away any essential items like the gas, ovens or beddings etc.

f.  Charges 

Bailiffs are also authorized to charge certain amounts from the defaulters on account of their visiting charges. The amount of such charges may vary from state to state and the number of visits etc.

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