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Difference between revisions of "Bailiffs, Court Bailiffs and Sheriffs"
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Bailiffs, Court Bailiffs and Sheriffs (view source)
Revision as of 13:34, 12 October 2018
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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).
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* 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.
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* 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.
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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]]. | ||
