Bailiffs, Court Bailiffs and Sheriffs - Revision history

Drew Jackson at 16:17, 13 October 2018

2018-10-13T16:17:56Z

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	== Related topics and materials==		== Related topics and materials==
	See the other sections on dealing with debt:		See the other sections on dealing with debt:
	* [[Harassment ~~of Debtors~~]]		* [[Harassment by Debt Collectors]]
	* [[Collection Agents]]		* [[Collection Agents]]
	* [[Garnishment and Set-offs]]		* [[Garnishment and Set-offs]]

Drew Jackson at 16:12, 13 October 2018

2018-10-13T16:12:57Z

← Older revision		Revision as of 16:12, 13 October 2018
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	== Related topics and materials==		== Related topics and materials==
	See the other sections on dealing with debt:		See the other sections on dealing with debt:
	* [[Harassment]]		* [[Harassment of Debtors]]
	* [[Collection Agents]]		* [[Collection Agents]]
	* [[Garnishment and Set-offs]]		* [[Garnishment and Set-offs]]

Drew Jackson: /* Related topics and materials */

2018-10-12T18:03:17Z

Related topics and materials

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	* [[Unfair or Deceptive Practices]]		* [[Unfair or Deceptive Practices]]

	See also the People's Law School page on [https://www.peopleslawschool.ca/everyday-legal-problems/money-debt/dealing-debt/creditor-wants-repossess-your-property when a creditor ~~wants~~ to repossess property].		See also the People's Law School page on [https://www.peopleslawschool.ca/everyday-legal-problems/money-debt/dealing-debt/creditor-wants-repossess-your-property when a creditor seeks to repossess property].

	{{Consumer and Debt Law Navbox\|type = debt}}		{{Consumer and Debt Law Navbox\|type = debt}}

Drew Jackson: /* Related topics and materials */

2018-10-12T18:03:04Z

Related topics and materials

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	* [[Unfair or Deceptive Practices]]		* [[Unfair or Deceptive Practices]]

	See also the People's Law School page on [https://www.peopleslawschool.ca/everyday-legal-problems/money-debt/dealing-debt/creditor-wants-repossess-your-property ~~A Creditor Wants~~ to ~~Repossess Your Property~~].		See also the People's Law School page on [https://www.peopleslawschool.ca/everyday-legal-problems/money-debt/dealing-debt/creditor-wants-repossess-your-property when a creditor wants to repossess property].

	{{Consumer and Debt Law Navbox\|type = debt}}		{{Consumer and Debt Law Navbox\|type = debt}}

Drew Jackson: /* Related topics and materials */

2018-10-12T13:41:01Z

Related topics and materials

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	* [[Unfair or Deceptive Practices]]		* [[Unfair or Deceptive Practices]]

	See also the ~~Canadian Bar Association’s pages~~ on [https://www.~~cbabc~~.~~org~~/~~For~~-~~the~~-~~Public~~/~~Dial~~-A-~~Law~~/~~Scripts/Credit~~-~~Debt~~-~~and~~-~~Consumer/250 Collection of Debts] and [https://www.cbabc.org/For-the-Public/Dial~~-A~~-Law/Scripts/Credit-Debt-and-Consumer/252 Harassment by Debt Collectors~~].		See also the People's Law School page on [https://www.peopleslawschool.ca/everyday-legal-problems/money-debt/dealing-debt/creditor-wants-repossess-your-property A Creditor Wants to Repossess Your Property].


	{{Consumer and Debt Law Navbox\|type = debt}}		{{Consumer and Debt Law Navbox\|type = debt}}

Drew Jackson: /* Related topics and materials */

2018-10-12T13:38:34Z

Related topics and materials

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	* [[Leases]]		* [[Leases]]
	* [[Recovery of Goods]]		* [[Recovery of Goods]]
	* [[~~Repairers’~~ Liens]]		* [[Repairers' Liens]]
	* [[Security Agreements]]		* [[Security Agreements]]
	* [[Types of Lenders and Creditors]]		* [[Types of Lenders and Creditors]]

Drew Jackson: /* Contractual repossessions */

2018-10-12T13:37:21Z

Contractual repossessions

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	For [[Security Agreements\|security agreements]] covered by the [http://canlii.ca/t/8495 ''Personal Property Security Act''], the debtor has a number of special statutory rights when the goods are “'''consumer goods'''” as defined under that law. These include:		For [[Security Agreements\|security agreements]] covered by the [http://canlii.ca/t/8495 ''Personal Property Security Act''], the debtor has a number of special statutory rights when the goods are “'''consumer goods'''” as defined under that law. These include:
	* '''The right to reinstate:''' The right to reinstate the contract (that is, go back to making regular monthly payments instead of paying the whole balance) if the client pays the arrears ([https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-359/latest/rsbc-1996-c-359.html#sec62_smooth section 62]).		* '''The right to reinstate''': The right to reinstate the contract (that is, go back to making regular monthly payments instead of paying the whole balance) if the client pays the arrears ([https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-359/latest/rsbc-1996-c-359.html#sec62_smooth section 62]).
	* '''The two-thirds rule:''' The right not to have the goods repossessed when at least two-thirds of the purchase price has been paid ([https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-359/latest/rsbc-1996-c-359.html#sec58_smooth section 58]).		* '''The two-thirds rule''': The right not to have the goods repossessed when at least two-thirds of the purchase price has been paid ([https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-359/latest/rsbc-1996-c-359.html#sec58_smooth section 58]).

	In some instances, it may be to the advantage of the client to allow repossession, or even to offer to return the secured goods to the secured creditor (this is called “surrender” of the goods). Under the consumer goods provisions of the ''Personal Property Security Act'', the debtor’s financial obligations to the creditor may be cancelled upon repossession.		In some instances, it may be to the advantage of the client to allow repossession, or even to offer to return the secured goods to the secured creditor (this is called “surrender” of the goods). Under the consumer goods provisions of the ''Personal Property Security Act'', the debtor’s financial obligations to the creditor may be cancelled upon repossession.

Drew Jackson: /* Extent of force allowed */

2018-10-12T13:34:44Z

Extent of force allowed

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	* A bailiff or court bailiff can generally take the chattels of a debtor if the goods are outside a dwelling house (for example, a car in a driveway).		* A bailiff or court bailiff can generally take the chattels of a debtor if the goods are outside a dwelling house (for example, a car in a driveway).
	* A bailiff or court bailiff cannot usually use force to take something in the direct possession of the debtor (that the debtor is physically holding) that the debtor is refusing to release.		* A bailiff or court bailiff cannot usually use force to take something in the direct possession of the debtor (that the debtor is physically holding) that the debtor is refusing to release.
	* If either party wrongly uses force, they may be liable for criminal charges. In [http://canlii.ca/t/g18pq R. v. Doucette], for example, three bailiffs were convicted of assault when a struggle developed as they were trying to repossess a television from the debtor’s apartment.		* If either party wrongly uses force, they may be liable for criminal charges. In [http://canlii.ca/t/g18pq ''R. v. Doucette''], for example, three bailiffs were convicted of assault when a struggle developed as they were trying to repossess a television from the debtor’s apartment.

	For more on the extent of force allowed in a repossession, see the section on [[Tort Actions]]. See also the section on [[Recovery of Goods]].		For more on the extent of force allowed in a repossession, see the section on [[Tort Actions]]. See also the section on [[Recovery of Goods]].

Drew Jackson: /* Court bailiffs */

2018-10-12T13:33:10Z

Court bailiffs

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	* Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-425/latest/rsbc-1996-c-425.html#sec3_smooth section 3(2)], a court bailiff “is deemed to be a sheriff” for a number of purposes, including almost all aspects of judgment enforcement.		* Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-425/latest/rsbc-1996-c-425.html#sec3_smooth section 3(2)], a court bailiff “is deemed to be a sheriff” for a number of purposes, including almost all aspects of judgment enforcement.
	* Court bailiffs cannot carry out orders for the arrest of debtors; this must still be done by sheriffs.		* Court bailiffs cannot carry out orders for the arrest of debtors; this must still be done by sheriffs.
	* Court bailiffs are not governed by the provisions of the Business Practices and ''Consumer Protection Act'' (see the [http://canlii.ca/t/85bb Debt Collection Industry Regulation], section 2(1)).		* Court bailiffs are not governed by the provisions of the ''Business Practices and Consumer Protection Act'' (see the [http://canlii.ca/t/85bb Debt Collection Industry Regulation], section 2(1)).

	==== Sheriffs====		==== Sheriffs====

Drew Jackson: /* Summary of the law */

2018-10-12T13:31:15Z

Summary of the law

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	Repossessions occur in two main instances:		Repossessions occur in two main instances:
	* '''Contractual repossessions:''' When there is default under a [[Security Agreements\|security agreement]] or [[Leases\|lease agreement]] between a debtor and creditor.		* '''Contractual repossessions''': When there is default under a [[Security Agreements\|security agreement]] or [[Leases\|lease agreement]] between a debtor and creditor.
	* '''Judgment enforcement repossessions:''' When an unsecured creditor wants assets of the debtor seized and sold to satisfy a court judgment.		* '''Judgment enforcement repossessions''': When an unsecured creditor wants assets of the debtor seized and sold to satisfy a court judgment.

	It is important to distinguish between these two situations, because the rights and remedies of all the players (including the debtor, creditor, and party doing the repossessing) are different in each situation.		It is important to distinguish between these two situations, because the rights and remedies of all the players (including the debtor, creditor, and party doing the repossessing) are different in each situation.

	There is a fundamental difference in the authority and the laws under which each action is taken:		There is a fundamental difference in the authority and the laws under which each action is taken:
	* '''Contractual repossessions:''' A bailiff carrying out a repossession under a security agreement or a lease agreement is repossessing on the basis of contractual rights governed by the [http://canlii.ca/t/8495 ''Personal Property Security Act''] (see the section on [[Security Agreements]]) or related legislation such as the [http://canlii.ca/t/84bv ''Repairers Lien Act''] (see the section on [[Repairers' Liens\|Repairers' Liens]]).		* '''Contractual repossessions''': A bailiff carrying out a repossession under a security agreement or a lease agreement is repossessing on the basis of contractual rights governed by the [http://canlii.ca/t/8495 ''Personal Property Security Act''] (see the section on [[Security Agreements]]) or related legislation such as the [http://canlii.ca/t/84bv ''Repairers Lien Act''] (see the section on [[Repairers' Liens\|Repairers' Liens]]).
	* '''Judgment enforcement repossessions:''' A court bailiff carrying out a seizure for a judgment creditor does so under a court order governed by the [http://canlii.ca/t/84h5 ''Court Order Enforcement Act''] and the [http://canlii.ca/t/8lld Supreme Court Civil Rules] (or the [http://canlii.ca/t/84cs ''Small Claims Act''] and [http://canlii.ca/t/8571 Small Claims Rules]).		* '''Judgment enforcement repossessions''': A court bailiff carrying out a seizure for a judgment creditor does so under a court order governed by the [http://canlii.ca/t/84h5 ''Court Order Enforcement Act''] and the [http://canlii.ca/t/8lld Supreme Court Civil Rules] (or the [http://canlii.ca/t/84cs ''Small Claims Act''] and [http://canlii.ca/t/8571 Small Claims Rules]).

	As explained below, a debtor can deal with a repossession problem in various ways.		As explained below, a debtor can deal with a repossession problem in various ways.