❓ This WA parliamentary question seeks clarification on the powers and limitations of Sheriffs and Bailiffs when enforcing court orders, particularly regarding property seizure and access to private property. The Attorney General's response outlines the legal framework governing these actions and provides avenues for recourse if debtors believe actions were inappropriate.
AnsweredQoN 7644Legislative Assembly
QuestionView source ↗
(1) In what circumstances can a Sheriff or Bailiff enter private property without permission from the owner of the property?
(2) Can property that is on the premises but does not belong to the alleged Debtor be included as personal property to be seized by the Sherriff or Bailiff?
(3) Can a Sherriff or Bailiff refuse to leave private property when they have been asked to leave by the owner, and if so in what circumstances?
(4) If a Default Judgment has been set aside by the courts can a Sherriff or Bailiff still enter private property to serve a seizure and sale order with relation to the matter that has been set aside, and if not, what recourse does the alleged Debtor have against a Sherriff or Bailiff who carries out such action?
(5) What course of action is available to an alleged Debtor who feels that a Sherriff or Bailiff has acted inappropriately while performing their business of serving a seizure and sale order?
(2) Can property that is on the premises but does not belong to the alleged Debtor be included as personal property to be seized by the Sherriff or Bailiff?
(3) Can a Sherriff or Bailiff refuse to leave private property when they have been asked to leave by the owner, and if so in what circumstances?
(4) If a Default Judgment has been set aside by the courts can a Sherriff or Bailiff still enter private property to serve a seizure and sale order with relation to the matter that has been set aside, and if not, what recourse does the alleged Debtor have against a Sherriff or Bailiff who carries out such action?
(5) What course of action is available to an alleged Debtor who feels that a Sherriff or Bailiff has acted inappropriately while performing their business of serving a seizure and sale order?
AnswerView source ↗
Answered
1 May 2012
Response time
34 days
(1)
The Sheriff or bailiff can enter private property without permission from the owner of the property to enforce an order of the court as outlined in Sections 75 and 96 of the
Civil Judgments Enforcement Act 2004
for the enforcement of Property (Seizure and Sale) Orders and Property (Seizure and Delivery) Orders. This does not include the dwelling under a Property (Seizure and Sale) Order.
(2)
The Sheriff or bailiff is authorised and commanded by a Property (Seizure and Sale) Order to seize and sell the saleable interest in property of a judgment debtor to wholly or partially satisfy the judgment debt. The Sheriff or bailiff is bound to seize all property that he believes to belong to the debtor at the address nominated on the order. Sections 83 and 84 of the
Civil Judgments Enforcement Act 2004
allow for the determination for the ownership of property should a dispute arise.
(3)
A Sheriff or bailiff can refuse to leave private property when they have been asked to leave by the owner if they are enforcing a Property (Seizure and Sale) Order or a Property (Seizure and Delivery) Order on behalf of the court.
(4)
Once the Sheriff or bailiff has been advised by the court or the judgment creditor that a judgment has been set aside, the order should be returned to court and no further enforcement action taken on that order. Section 111 (3) of the
Civil Judgments Enforcement Act 2004
protects the Sheriff or bailiff from liability if acting in good faith, in the performance or purported performance of a function under that Act.
(5)
If a judgment debtor feels that a bailiff has acted inappropriately while performing their business of serving a seizure and sale order, they can contact the Sheriff's Office and raise their concerns with the civil enforcements area who will investigate the matter. With regards to the Sheriff, the judgment debtor can make an application in the correct court jurisdiction to seek civil remedies.
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The Sheriff or bailiff can enter private property without permission from the owner of the property to enforce an order of the court as outlined in Sections 75 and 96 of the
Civil Judgments Enforcement Act 2004
for the enforcement of Property (Seizure and Sale) Orders and Property (Seizure and Delivery) Orders. This does not include the dwelling under a Property (Seizure and Sale) Order.
(2)
The Sheriff or bailiff is authorised and commanded by a Property (Seizure and Sale) Order to seize and sell the saleable interest in property of a judgment debtor to wholly or partially satisfy the judgment debt. The Sheriff or bailiff is bound to seize all property that he believes to belong to the debtor at the address nominated on the order. Sections 83 and 84 of the
Civil Judgments Enforcement Act 2004
allow for the determination for the ownership of property should a dispute arise.
(3)
A Sheriff or bailiff can refuse to leave private property when they have been asked to leave by the owner if they are enforcing a Property (Seizure and Sale) Order or a Property (Seizure and Delivery) Order on behalf of the court.
(4)
Once the Sheriff or bailiff has been advised by the court or the judgment creditor that a judgment has been set aside, the order should be returned to court and no further enforcement action taken on that order. Section 111 (3) of the
Civil Judgments Enforcement Act 2004
protects the Sheriff or bailiff from liability if acting in good faith, in the performance or purported performance of a function under that Act.
(5)
If a judgment debtor feels that a bailiff has acted inappropriately while performing their business of serving a seizure and sale order, they can contact the Sheriff's Office and raise their concerns with the civil enforcements area who will investigate the matter. With regards to the Sheriff, the judgment debtor can make an application in the correct court jurisdiction to seek civil remedies.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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