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Difference between revisions of "Bailiffs, Court Bailiffs and Sheriffs"
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Bailiffs, Court Bailiffs and Sheriffs (view source)
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If a client has the financial resources to make up the arrears payment(s), the first approach is usually to offer the creditor the arrears. If the client’s ability to pay is limited because of illness, job loss, or another valid cause, a variation on this approach might be to ask the creditor to take a lower monthly payment for a fixed period of time. | If a client has the financial resources to make up the arrears payment(s), the first approach is usually to offer the creditor the arrears. If the client’s ability to pay is limited because of illness, job loss, or another valid cause, a variation on this approach might be to ask the creditor to take a lower monthly payment for a fixed period of time. | ||
For 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]).
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* '''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]).
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If the value of the goods to be repossessed is relatively low compared to the total amount owed to the creditor, the debtor may be able to have the entire debt discharged in exchange for giving up the goods. | If the value of the goods to be repossessed is relatively low compared to the total amount owed to the creditor, the debtor may be able to have the entire debt discharged in exchange for giving up the goods. | ||
If a security agreement states that all current and after-acquired property of the debtor is covered by the agreement, there may be an argument (in fairly extreme situations) that the agreement is an unfair trade practice, or unconscionable (unscrupulous or unreasonable). | If a security agreement states that all current and after-acquired property of the debtor is covered by the agreement, there may be an argument (in fairly extreme situations) that the agreement is an [[Unfair or Deceptive Practices|unfair trade practice]], or unconscionable (unscrupulous or unreasonable). | ||
=== Judgment enforcement repossessions=== | === Judgment enforcement repossessions=== | ||
See the section on Enforcing Judgments against Chattels. | See the section on [[Enforcing Judgments Against Chattels|Enforcing Judgments against Chattels]]. | ||
=== Complaints against bailiffs and court bailiffs=== | === Complaints against bailiffs and court bailiffs=== | ||
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=== Actions against bailiffs and court bailiffs=== | === Actions against bailiffs and court bailiffs=== | ||
In general, if a bailiff or a court bailiff has wrongfully taken property from a debtor, the debtor has a cause of action to have the property returned and a cause of action for general damages. See the section on Recovery of Goods. Determining if the property was wrongfully taken usually requires a lawyer’s opinion. | In general, if a bailiff or a court bailiff has wrongfully taken property from a debtor, the debtor has a cause of action to have the property returned and a cause of action for general damages. See the section on [[Recovery of Goods]]. Determining if the property was wrongfully taken usually requires a lawyer’s opinion. | ||
If a bailiff uses excessive force in carrying out a repossession, the debtor may have a cause of action for civil assault. See the section on Tort Actions. | If a bailiff uses excessive force in carrying out a repossession, the debtor may have a cause of action for civil assault. See the section on [[Tort Actions]]. | ||
Raising the possibility of legal action, or actually starting an action, can give the debtor a particularly effective bargaining advantage. For example, the debtor’s claim may be set-off against some or all of the creditor’s claim. | Raising the possibility of legal action, or actually starting an action, can give the debtor a particularly effective bargaining advantage. For example, the debtor’s claim may be set-off against some or all of the creditor’s claim. | ||
