Knowing the basics about bailiffs in the province can be a little confusing. We’re going to explain how we fit into the equation when it comes to bailiffs in BC.
There are two types of bailiffs in BC; licensed bailiffs and court-appointed bailiffs. There are different rules for each type of bailiff.
Unsure who you’re dealing with?
It can be difficult to tell who you are dealing with. Most bailiffs do both kinds of work, which is why they also choose to hold a licence with us. It comes down to the work they are performing at any given time. If they are enforcing a court order, they are a court-appointed bailiff. If they aren’t enforcing a court order, they are acting as a licensed bailiff.
Licensed bailiffs
When bailiffs are not acting on a court order, they are acting as a debt collector and they must be licensed with us and follow the debt collection and consumer protection laws that we oversee.
Licensed bailiffs typically collect money that is owed as result of a contract. They carry out non-judicial remedies and act without court supervision, but they must follow BC’s debt collection laws. For example:
- Bailiffs must conduct themselves in a professional manner and they are not allowed to communicate in a way that qualifies as harassment (including using threatening, profane, intimidating or coercive language)
- Bailiffs cannot remove personal property from a debtor’s home, without an adult resident of the home present
- When collecting or attempting to collect a debt the bailiff is prohibited from supplying any false, or misleading information to the consumer or to misrepresent themselves in any way.
- A bailiff is prohibited from moving property that has been repossessed, seized or distrained more than 100 KM from the location it was seized, repossessed or distrained, unless they received written consent from the debtor or the Director of Consumer Protection BC.
If you have any questions or concerns related to how a bailiff is collecting debt, you can contact us for help.
Court bailiffs
Court bailiffs are appointed by the Attorney General under the Sheriff Act and they are legally authorized to enforce (civil) court orders. The most common court orders of this nature include a writ of possession, a writ of seizure and sale and an order of seizure and sale. Court bailiff services include the court-ordered removal of a tenant and their belongings from a residence. There is a charge for these services.
Some court bailiffs hold a licence with us, but it is not required to perform court-ordered tasks and we have no oversight over these types of bailiffs.
If you have an issue with a court bailiff and you can’t resolve it with them directly – you can report your concerns to the Ministry of Justice.
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About Consumer Protection BC
We are responsible for regulating specific industries and certain consumer transactions in British Columbia. If your concern is captured under the laws we enforce, we will use the tools at our disposal to assist you. If we can’t help you directly, we will be happy to provide you with as much information as possible. Depending on your concern, another organization may be the ones to speak to; other times, court or legal assistance may be the best option. Explore our website at www.consumerprotectionbc.ca.
Thanks for information as I had no idea how these things worked
Hi Dave! No problem. Happy you enjoyed the content. Please let us know if you have any questions!
I’m wondering what credentials and qualifications are needed to become a licensed Bailiff. What training is a Bailiff required to have to become licensed and who or what governing body issues the licenses? I use the services of the court Bailiff in removing tenants and their belongings and I’m interested in learning the regulations.
Hi Leslie, thanks for your questions. Okay, so – please bear with me, because the rules around bailiffs are a bit confusing. Here at Consumer Protection BC, we oversee certain laws around debt collection. When bailiffs are NOT acting on a court order (court bailiff), they are acting as a debt collector and must follow the laws we oversee around debt collection. If you would like information about how a bailiff can get licensed to collect debt, visit this page here.
You mention you use the services of a court bailiff. Like the blog post says, there are different rules for each type of bailiff. Most bailiffs do both kinds of work, which is why they also choose to hold a licence with us. It comes down to the work they are performing at any given time. If they are enforcing a court order, they are a court-appointed bailiff. If they aren’t enforcing a court order, they are acting as a licensed bailiff.
Some court bailiffs hold a licence with us, but it is not required to perform court-ordered tasks and we have no oversight over these types of bailiffs. If you would like information about enforcing an order of possession from the Residential Tenancy Branch as a landlord, or what kinds of regulations must be followed by bailiffs enforcing a court order, I would suggest you reach out to either the Residential Tenancy Branch or the Ministry of Justice – as those areas are outside our legal authority.
I hope this is helpful and best of luck!
Rethink this ! Bailiffs are disgusting and rude very hated people. They only have one goal and that’s to be the hero to their client! So they will do anything in their power to not communicate your options until it’s too late so they can achieve the goal of taking posesión and getting paid. I would hate that karma on myself
Hi Amanda,
Several years ago I contacted an environmental company via phone to have ask them to have a look at vegetation on a property I was considering purchasing. I was told over the phone they would go look and it would cost approx 100 dollars. I received a short email a few hours later as they had looked and provided me with some advice. I was then sent a bill for well over three times what I was quoted. I didnt sign anything, didnt even enter the business itself. After inquiring regarding the egregious price increase, I didnt receive any correspondence and am now getting calls from a collections agent here in British Columbia. I am wondering if in a situation like this, a collections agent is able to put this on your credit score?
Hi KG, thanks for taking the time to explain your situation. That sounds frustrating. When a debt has been sent to collections, it may affect your credit score. That said, you are within your right to dispute a debt if you don’t believe you owe it. When you dispute a debt, you’re telling the collector and the original creditor that you don’t believe you owe the debt and you want the issue to be taken to court for resolution. Head to this page on our website and follow the instructions under “I want to dispute the debt”: https://www.consumerprotectionbc.ca/consumer-help/debt-collection/ I hope this helps and best of luck!
Can a bailiff contact my landlord to get contact information for me and my wife and see if we live there. They are trying to collect on an unpaid credit card. The landlord told us they contacted him and said we owe money. The bailiff has since called my wife and told her there sending a bailiff after her to. whatever that means? It’s my credit card and has nothing to do with her.
Hi Jim, is your bailiff licensed with us? Or is it a court-appointed bailiff? If they are not court-appointed, they should be licensed with us and they act as a debt collector. If that is the case they need to follow the debt collection rules in BC. Generally speaking, collectors must not discuss the details of your debt with another person without your permission. However, they can contact a family member, friend or acquaintance to confirm your contact information. Please have a read through about bailiffs here, then debt collectors here and if you are not sure or think they’re not following the law, please submit an official complaint online with us here. Thank you, Jim!
I had a baliff leave a homemade card fill in the blank name at my door 2 months ago. He only wrote my first name in the blank. He was on video surveillance at my door loose papers in hand during covid. I texted asking who this was from and what was this about and received no response. Today he showed up again on surveillance at the door then sent a text saying if I avoid accepting papers he will put a court document, and his affidavit on the door. He left no card. Why is he not telling me who and what it’s about also trying to serve me personally during a pandemic? His intimidating text if I don’t accept seems unprofessional.
Hi Lisa, do you know if your bailiff is licensed with us or if they’re a court-appointed bailiff? Please give us a call (1.888.564.9963) or email (info@consumerprotectionbc.ca) so we can further assist you with this. Thank you!
Lila my name is Bob Webber. I’ve gone through difficult times and I’m just getting ready to get my bailiff license back. I’m snooping around and read your inquiry. As a bailiff with over 40 years experience it makes me ill to hear your story and unfortunately the many more like it. I believe that this individual is a process server and not licensed under consumer protection or anything else. For him to get a court order he’s got a swear an affidavit. If you know about the debt you can go deal direct. If you end up in court, swear an affidavit and get ready to tell the judge about the performance of this bozo. You may be able to get a break from the judge, I don’t know. My email address is published, glad to give you more information if I can. I’m not a lawyer and I don’t give legal advice. All the best.
Jim are you sure of your facts. First of all by law every collection agency needs to identify himself and who he represents before you can ask any questions. I believe that 99.9% of the time this rule is followed. I believe you’re leaving out some very crucial facts. Every collection agency I know and I know all of them realizes that they don’t send the bailiff after an unsecured debt such as a credit card. They either make arrangements or with permission from their client Take court action.
Hi Amanda. A bailiff came to my house to repossess my car, saying I haven’t paid my loan for 166 days. However, I haven’t missed 1 payment what so ever, and I can prove it.i have no idea what is going on, if it is some sort of fraud, or maybe a mistake from my bank, or even from the debt collection company. How can I proceed with this? I am concerned that he might come and take my car when I’m not home.
Hi Luis, have you had any contact with a debt collector? If so you have the right to ask for the details of the debt from them. It’s possible that they have mistaken you for someone else. We have more information on Bailiffs here and debt collection here. Have a look at the information there and if you have more questions on how to proceed, please contact us.
Lewis, my name is Bob Webber I’m a retired bailiff. Hope to retire soon. There’s a piece missing in your puzzle. Have you contacted your creditor and asked for us financial statement showing the current balance? Back a while ago I heard of a collection agency with an individual that would go around and do something like this in order to get you to tell him what bank you’re doing what and when all he really had his a debt like a credit card overdue or something. Serious stuff for you and the credit card company but they can’t take a car that has a lien on. Actually they can but they have to pay the lien out. Might be your opportunity to get a new car. Just kidding! I’m not a lawyer, good luck.
Hi Amanda,
I had a balliff show up with a writ of possession for my place, saying the RTB already did a notice to end tenancy for unpaid rent and told me to get my stuff and leave now. I had no idea what was going on as all the documents had my Ex-girlfriends name on them and she moved out over 2 months(lived there for 4 years, been on month to month for 6 months) before that. The landlord knew she was moving out as she emailed him a 1 month notice. The balliff wouldnt listen to me at all even when I pointed out she doesn’t and hadn’t lived here for 2 1/2 months. These court documents have nothing to do with me. Help???
Hi Shane, thank you for getting in touch with us. We do not license court-appointed bailiffs but the government of BC website has some information as well as contact email. Here is the link – I hope you will be able to resolve the issue quickly.
Shane I’m a long-time court bailiff retired now for the moment. Court bailiffs absolutely in all cases regardless of what firm will only act if they have a court order in their hand. You are very correct the court order had nothing to do with you. It has to do with the landlord wanting vacant possession of his property. The landlord has every right to do that if certain defaults of happened and he goes through the process. You need to get more information. Good luck, read your documents carefully before you sign on the dotted line. Saves many hassles.
About 3 weeks ago I had a random dude knock on my door while I was at work asking for me. He was told I was at work and to give me a call. He called and I missed it. 3 days later he showed up again with a tow truck after I was home from work and took my car. He didn’t offer me any kind of document or notice of seizure or any credentials. I have received nothing from my bank indicating the amount I owe to get the car back. I called the Bailiffs office and they said they don’t provide that document and that I need to get it from my bank. I called my bank and they told me I need to get it from the bailiff. My bank acted as tho my account was still active basically trying to arrange payment for a car that is no longer in my possession. I absolutely did not surrender this vehicle nor did I sign anything saying so. I dont know what to do at this point.
Hi there, thanks for your question. This sounds frustrating, but we can help point you in the right direction. Bailiffs are allowed to seize property on the behalf of a business or as part of a contract. If you want to learn more about your debt, you have the right to do so, and can use this form on our website under” I want the details of my debt”: https://www.consumerprotectionbc.ca/consumer-help/debt-collection/#I%20want%20the%20details%20of%20my%20debt.
I would suggest continuing to try and resolve the issue through your bank and the bailiff. If you want to learn more about BC’s debt collection rules and how this applies to bailiffs, you can also explore this page here: https://www.consumerprotectionbc.ca/consumer-help/consumer-information-bailiffs/” . I hope this helps!
If I may give my opinion I must current retired bailiff/court bailiff looking around getting ready to get back in the industry. Of British Columbia in Canada for that matter becoming very frustrating for all parties. There’s a thing called the privacy act and people can give out information or leave documents if they are unsure they are not going to be put directly in the hands of the person they are met for. This is a very misunderstood situation and gets a lot of people excited on both sides. The bank can’t sell your car or charge you more than 90 days interest without sending you legal notice of their intention to dispose of your asset. Also you should know that in British Columbia if the car is in your name alone and not a company name, our province has a seize, or sue law.. The notice that you get in the mail would tell you how to go about getting your vehicle back legally and all the costs that are required to pay. Hope this helps you, I’m not a lawyer.
I’m 1 of as you call us “random dudes” who has repossessed more vehicles than perhaps anyone in Canada. The age of computer and the ability to splash information almost instantly all across Canada can be very frustrating for everyone involved.
Banks, and financial institutions, now use national collection center. In almost all cases, they are located in Ontario. Assignments for most vehicle seizures come through what I call “forwarders” 3rd parties who create a supply chain. The Agencies I have dealt with are responsible for sending out the notices. Everyone involved has to rely on them giving the right information in their notice including the timeline for redemption if redemption is allowed. In most cases it is, but there are exceptions. The current British Columbia statute such as the personal property Security act which governs most automotive repossessions does not require a notice to be given at the time of seizure. Try telling a policeman Who shows up wanting to know what’s going on, you don’t have a notice to give. A well-meaning individual that post a notice on your door for example is actually violating different statutes i.e. the privacy act.
The requirements under the act don’t start until whoever is responsible for sending out the notice actually sends it out and then the time starts for redemption. This is very misunderstood by virtually everyone in the industry. The privacy act and “these are my words” claims you can’t talk to anyone that’s not a party to the action. That includes a spouse, if the spouse is not on the contract. So when the next-door neighbor comes over wants to know why you hooking onto his best friend’s car, you have to tell him you’re not allowed to talk to him. He goes in the house and phones the police. This is very frustrating. One thing you might also want to know is British Columbia has, Seize or Sue provisions in most of the statutes that involve vehicle repossessions. I realize I may have presented more questions than answers.
New bailiffs are not required to answer/complete a bailiff exam they just pay money for license and away they go. If there was an exam your situation would make excellent questions. I wish you the best
An authorized court bailiff removed the occupant of my rental property. Can the ex-tenant sue us in small court claims for damages to her belongings? What action can she take against us or the bailiff?
Hi Nicole. This is a unique situation that isn’t captured by the bailiff laws we oversee, so you may want to seek legal advice to help answer your questions. You can learn more about the aspects of bailiffs that we cover on our website here: https://www.consumerprotectionbc.ca/consumer-help/consumer-information-bailiffs/. Hope this helps.
After long serious involvement through the rentals line and then the court system the landlord can ultimately obtain a court order that authorizes the court bailiff to give the landlord bacon possession of the rental property. The court order says the goods of the tenant can be seized to recover the landlord’s cost. That virtually never happens due to the value of the belongings and the exemption is high. The court bailiff begins the process by removing everyone on the property off of it. Once that’s done the bailiff packs all of the goods from each room. Boxes are expensive and the landlord pays. These boxes and goods are taken to the edge of the property line and from there it’s up to the individual’s to remove their goods. In the case of seriously inclement weather, a bailiff me put the goods and storage. When that’s done, the Lombard pays the upfront cost but there is a lien against the goods no matter who owns. If the goods are claimed in 30 days it’s in everybody’s interest just to give them over to the rightful owner and get them out of the system. This is a very archaic law and needs to be reviewed. You mention Small Claims Court but this action already you originates out of the Supreme Court. The provincial courts cannot overrule generally speaking an order from the higher court. I’m not a lawyer and this is not legal advice.
I have one tenant who refuses to give access to another tenant in a joint tenancy plus the unit is furnished by landlord. If we get to the point of writ of possession through the courts and require a bailiff of the court system can we just designate that individuals stuff to be removed leaving our stuff and the other tenants in the unit.
Hi Kryslynn, thanks for the question. We can’t help with issues involving tenancies and we can’t offer legal advice. However, the Residential Tenancy Branch may be able to provide some options for next steps. You can submit your question to them on their website here: https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/contact-the-residential-tenancy-branch . Outside of that, you may need to speak to a lawyer about your options. I imagine this wasn’t the answer you were looking for but I hope this helps!
My son’s storage locker was accidentally cleared out by his apartment’s manager because the landlord had failed to update his list of storage lockers and the locker had previously been assigned to someone who had been evicted. At first he thought someone had broken into to his locker but then it seemed obvious that it had been cleared out. A conversation with the manager’s assistant confirmed his suspicion. He was given the number of the removal company. He contacted them as it is possible they still have his belongings and they said they couldn’t do anything without him contacting the bailiff. However he has no idea who the bailiff it. Do they mean he has to hire his own?
Hi Anne, thanks for the question. If I understand the situation correctly, it sounds like the removal company thinks your son is the previous tenant, who your landlord most likely used a bailiff to help evict. I suggest contacting your son’s landlord to ask about the bailiff and help explain the situation to the removal company. I hope this helps!
Can a baliff remove your belongings if you are not home if they have a writ of possession?
Hi Diana, thanks for the question. It sounds like you’re talking about a court appointed bailiff, a type of bailiff that we do not oversee. For this type of bailiff, I suggest reaching out to the Ministry of Justice with your question. I hope this helps!
A writ of possession is a court order from the Supreme Court of British Columbia. The court bailiff executes the court order. The order says give the landlord vacant possession. My words quarterly may be a little different smart court bailiff would put your goods in storage and hold them until they are properly claimed and if they have any value, the court bailiff can hold them until payment is made. In some cases because the landlord pays the first 30 days upfront, it may be in everybody’s interest that if you are the actual owner of the goods the court bailiff and the landlord may be delighted that you pick them up and that would allow the court bailiff to close the file in the Supreme Court I believe it’s mark satisfied in full or another saner to the get stamped on it in any event that allows the court to close the file and the matters concluded. I’m not a lawyer, this is not legal advice
For many years now British Columbia’s had X Sheriff run around in an old vehicle that looks like a police car claiming that he can issue eviction orders when all he can do is serve the documents. Why this person was not put in jail a long time ago is always baffled me greatly. A legitimate court bailiff will give you a copy of the court order and some type of business card or identification with instructions to call the office of the court bailiff for further directions. Court bailiffs in all cases at least when I was a court bailiff went out of their way to accommodate. I’m not able to speak for the others. If you’re dealing with a residential eviction and you’re not getting a copy of the order and shown the ID from the court bailiff that he is in fact a court bailiff then you need to ask more questions. The ID card looks like it came out of a cornflake box but it’s legitimate. I’m not a lawyer and this is not legal advice.
My son is alleged to have infringed a yellow junction box in London, he claims that he didn’t, but TFL will not provide him with definite evidence that he did, so he has not paid their notice of payment and despite asking for proof of the alleged offence none has been forthcoming.
TFL have referred the matter to bailiffs and one turned up at my house this morning, where my son’s car is registered, to serve notice, which I tried to refuse. In the heated discussion that followed the bailiff verbally abused me, trespassed on my property, littered my property and assaulted me by physically pushing me away from him with both hands. Other than phoning the police (which I have done), what can I do?
Hi Graham, thank you for leaving us a comment here. Our organization is located in British Columbia, Canada. We do license and regulate bailiffs but only in our province here. You may want to contact your local regulator there for further clarification of your rights. I hope you can resolve your issue quickly.
i am going through a rough situation at the moment. i received a call from a bailiff last week telling me i had not been making payments for my vehicle. i told him thats not possible as i have them going out of my bank automatically. i checked with the bank they said they have the wrong banking information. i was not aware of this and the bank never called me nor emailed me about this. i had no idea this was happening, but i was cooperating with bailiffs they asked me for my insurance papers and i sent them to the bailiffs. i was originally told i owe $2700 but when they emailed me the statement they said i owed them $4700. i responded to them asking why there was a different amount from what they origianlly told me and if i could do a couple of payments instead of one big payment. The bailiffs proceeded to not answer my email but instead decided to wait for me to get home after 7 pm, enter a gated underground parking lot with no permission from our strata manager and took my vehicle. next day as im going to work i discover my car is gone. when i called them i asked why they acted sneaky when i was cooperating with them, all i did was ask why the bill was double what they originally told me. they obviously acted like jerks cus they are bailiffs and told me im not entitled to know anything and hung up on me. im trying to figure out how to not lose my vehicle and they are going around in circles as to get away with selling my car even though ive been trying to keep it. i know they trespassed what can i do? when i call them they tell me theres nothing to talk about!! its frustrating because i have to drive to work and i have kids, i cant afford not to have a car they are being disgusting with me.
My name is Bob Webber I don’t mind being identified. Believe me I feel very sorry for someone going through rough times. I’ve recently had my share to last a lifetime. It seems to me you’re making a fairly substantial payment per month. I have to ask you did you not notice that the payments were not coming out?
In today’s world financial institutions don’t call and ask what’s going on after certain amount of time they take action as they are entitled to do. They employ the services of the bailiff and that bailiff is entitled to go out on your property and remove your car without giving you prior notice. You say they didn’t contact the property manager. According to the statute they’re not allowed to talk to any 3rd party including a property manager. They did simply what they were entitled to do go on to your property and remove your car. I’m assuming it wasn’t enough in the enclosed lock garage it was out in the open. If a were not close lock garage and you were not home and or did not give them permission to enter. Then they would be violating one or more acts.
Once they’ve seized the car they notify the bank and a notice is then required to be mailed out to you to tell you what your options are. I don’t know if you’ve received that notice yet, but I believe it unless it was a lease contract must give you the right to To bring your account up-to-date including your obligation to make All outstanding fees. It’s expensive. I don’t know the circumstances but a $2000 repossession fee seems a little over-the-top to me but As I have statedI do not know all the particulars including if they went to any effort to find where you’re living today. I wish you good luck. One thing you must remember is now that they’ve seized the car, and you decide you don’t want to bring it up to date, in most cases you are not liable for any further debt. All the best.
Hi thanks you for replying to my comment. I live in a private community the gates are locked and they must have tailgated someone into the property. The biggest thing is the law says they are not allowed to deceive people in any way and they did by asking me to cooperate and when I did they snuck into private property and took all my belongings. I didn’t check my bank statement that was my mistake but I’m trying to find out now why they were not going through
it’s most unfortunate that you lost your car. I don’t know what financial institution you’re dealing with but I do know whatever it is whether it’s private public or anything in between. Under the statute that allowed them to have security over your car and in fact they own the car not you. You bought the car on condition that you would pay for it. I don’t mean to be mean. I understand why they don’t come around and bring you your personal items. But I kind of agree with you that you should know where they are. I’m not proud of people in the industry who do not behave like adults but that doesn’t make them liable for any damage.the finance company is responsible for sending you a notice of what your legal obligations are to get the car back. They obviously have your address because they gave it to the bailiff. I wish you good luck. Please note that I am not a lawyer and I can’t give you legal advice. I’m simply stating my personal opinion. All the best. Bob Webber
I am the strata council president, 2 months ago in my strata that a guy just tailgated someone’s car to enter the resident secured garage, he parked on a resident stall and kept the gate open, then he claimed himself was a bailiff with a warrant to repossess a car?
The strata did not involved in the repossession but just wondering whether the bailiff had right to enter a private strata and stop the garage gate closing? It seemed like a trespass and violated our strata security and safety…
Hi Dave, if the bailiff had a warrant, they might be a court bailiff. Court bailiffs will handle court-ordered removal of property and we have no oversight over these types of bailiffs. You can report your concerns to the Ministry of Justice by contacting them. I hope you will be able to get some clarification.
Dave, every strata Council does not like this whenever it happens. The strata owner actually gave permission. It’s part of the conditional sales contract or lease agreement. The bailiff has to use this responsibility very carefully. As the strata president for many years and head of the largest bailiff firm in the province. I was acutely aware of this situation.
The bailiff is entitled to take advantage of a way in to any location where the vehicle is located as long as that location is not immediately attached to his residence. Case law has confirmed and under parking garage in a condominium is not attached.
To further confuse things the bailiff by law is not allowed to tell anyone other than the actual debtor the reason for his attendance. Therefore, if you ask the bailiff what he’s doing he should be polite, unfortunately most aren’t and tell you that he is there on private business. The other thing I had my staff always do is report the matter to the local police authority immediately even before the vehicle was actually impounded.
I don’t see the law changing any time soon it sure leaves a lot of questions unanswered and upsets people due to its lack of clarity. But Dave the reality is your strata Council has no say, no authority. I’m not a lawyer. This is my personal opinion.
Hi Robert ,
Thanks for your rapid and brief reply.
The strata corporation has no intention to interfere the repossession, however we are not agree to stop the gate working and leave it open, making the place unsecured.
The bailiff should has no right to stop the gate door close…and we can arrange the manager to open the gate for him as the tow truck arrive, he should not park his car to block the road, or park at a resident reserved stall who is not related to the repossession, I don’t think court order authorize him to do this, he should not do whatever he like…
Hi Robert, what do you mean strata owner actually gave permission?
We don’t involve in any sales contract or lease contract with this bailiff repossession?
According to the law, the strata residential parkade is a limited common area belongs to the strata corporation, not to any individual lot owner, the strata corporation has the absolutely right to manage the place – a private premises that outsider cannot trespass.
For the excuse of privacy, we don’t need all details, only need to see the part of warrant whether authorize this bailiff to enter my strata – the address of the parkade, who are authorized – the name of the bailiff that can enter…we don’t need to know who is the creditor and debtor, or the detail of the debt…
If lack of this proof, anybody even a bailiff should not enter -trepass.
The laws have already mentioned the bailiff has to show his identity before his request to enter, and also cannot stop the door closing by his foot to enter…
Otherwise anybody can claim himself as bailiff then trespass in a private parkade to tow any car, do anything he like…it is unacceptable, we are living in Canada, everybody should follow the law, and be protected.
Dave I don’t mean to go on about a subject but if you knew how infuriating underground parking situation is to a bailiff you may understand my frustration. And believe me I understand your position. Much more than you think. I was the strata Council president for 24 straight years.
A bailiff has the right to go into an underground parking it’s been decided by case law in British Columbia. That does not mean the bailiff can be careless, many other things. You state that a notice of seizure should be given. Do you realize the access that cannot be given to anybody but the debtor and if you’re not confirmed for sure that you are talking to the debtor you cannot as a bailiff give out any documentation. This is an my theory this is the act and how It reads today.All of my bailiffs wore uniforms which helped tremendously in some ways, in other ways it didn’t.
Unless you have more to say the last word for me anyway. Asked the tenant/Owner of the condo if the wanted the bailiff to go knocking on the doors find a fine the right strata person to serve a document on and tell them that these behind in his Car payment. 99 times a lot hundred you will find the debtor would like all of it to go away real quick and does not want it spread out throughout the condominium that he is in financial difficulty. I am all for a safe secure seizure where the vehicle is removed without damage and taken the safe storage, with the proper documentation set out according to the act
Dave I mean every person that signs a contract in British Columbia gives the lender the authority to enter the property where they live. The strata Council is not involved. The strata Council cannot take away this right. I am not a lawyer but I’m 100% convinced that this position will win every time. It is been tested and each time the strata corporation fails. If you tell me the law needs to be better written. I’m with you 100%
Hi Robert, thanks!
According to your words, if the person who own the car doesn’t has any contract with this so called lender, then the lender/bailiff has already no rights to enter.
Strata Corporation is not going to challenge the rights of the lender, however no matter the lender or bailiff to claim their rights, they should prove it first before they process their right, because as they enter, they have already made the Strata Corporation involved.p
A bailiff doesn’t has the special legal rights or authority power to enter anybody private premises, until they gain the authorization from court.
Do you accept anybody just claim himself is a bailiff, then because of privacy, they don’t need to show you the legal authorization, can get into your private home?
Just like even the RCMP, before they process their right/authority power, they would definitely declare and show their identity clearly.
The most important is the law already said bailiff cannot stop the door close by foot or by whatever he use to force the door stop closing!
Strata Corporation just want to protect our peace, safety and security, the laws should protect us and not allow anybody do whatever beyond the laws.
Thanks again for your clarify!
Dave good morning, I hope you are not getting tired of me. The topic is a very interesting and serious point in the bailiff industry.
Over the past 25 years privacy concerns have become very important. They have changed not only how repossessions are handled generally but many other issues in society as well.
Going back and forth a few paragraphs of the time is not really the way to get all of the facts out and explain them properly. Tell me if you’ve had enough of the subject and will leave it alone going forward.
I told you earlier the debtor, your condo owner/possible renter signed a contract with a financial institution that contract has default clauses.
The law in British Columbia regarding sale on condition, lease agreements, repairs liens (soon to change to a new act called “Commercial Liens Act”. Allow for quick and easy repossession, no notices are required to anyone when there is a default in the contract, we don’t need to get into what constitutes a default at this stage, it could be no insurance or not properly insured, and a few other things.
So now that I have claimed no notices required to be given, the next stage is how does the bailiff get access.
The access the bailiff can go onto the property where the vehicle is located. A bailiff cannot go into a dwellinghouse without permission or court order. A bailiff can go into an open garage and this is where you and I I believe are having issues. If I’m in an area where you can’t see me in the open area before the gate to the parking and you walk-in or driving in while the gate is up going up or going down it seemed to be open by law and I can enter.
As a long-time condo owner and strata chairman for 23 straight years I get really upset when I hear people don’t wait for the gate to close. So, my message is very conflicted. I don’t want any bad guys in our underground anymore than you do.
While the gate is open a bailiff can do what he has to do to get a tow truck or skids of some type onto the vehicle, and push, drag, or toe it out whatever is necessary in order to get it into his possession.
You say the condominium owns the common area but the strata owner owns probably close to 1% of that area and that gives the strata owner the right to give the bank permission to enter. Case law cut and closed not up for debate. This takes away your argument that the strata Council needs to be notified. The access no one needs to be notified at the time the seizure and there’s no set time although any reasonable bank wants to get notice in order to start the 21 day redemption. The soonest possible. Any bailiff worth anything should advise the RCMP or police force of the jurisdiction. They all have a little book to record seizures and they give the bailiff a number. If you phone the police they’ll say they know about the seizure but they won’t give you any information either. Privacy trumps all. I was wondering about your situation:
why didn’t you simply contact the owner of the vehicle and tell him someone with a tow truck was attaching to his vehicle;
if the debtor came out to the bailiff and properly and legally identified themselves, bailiff would have been given further information on whether he contacts the financial institution or the bailiff office, or the auction house as consumer protection allows the options to do redemptions. I would stop that in a heartbeat if I were in charge but that’s another story.
My staff always used to ware uniforms which upset at least some members of consumer protection. A situation I will never understand. Secondly a problem we had is my company used our own towing equipment or a sister company and it was not marked like a regular tow truck. It was marked “not for hire, private etc. whatever”. That sometimes causes the little grief.
A competitor friend who I’m trying to reach because I know he is the case law that covers this matter used to have his staff put wheel locks on the vehicle and he would paste the vehicle what notices saying vehicle under seizure. For further information contact XYZ. For some reason this was deemed okay I found it very offensive. If you ever decide to become a bailiff. The best time and date to go into an underground to do a repossession is the morning. Most people are leaving at that time and therefore could care less. We found that residents were less mindful of the gate in the morning by as much as 30% compared to the evening traffic coming in. I’ve been told there’s a new act being written on parts of repossessions in the repossession section will become much easier for the bailiff.
Two final questions, Dave:
• was your vehicle the one the bailiff was trying to take away;
• tell me honestly if you believe you have the possible authority would you have interfered if you thought you could, in favour of the debtor and make the debtor go get an expensive court order and had approximately $10,000 debt to the debtor and also when this happens the debtor loses his privilege under the Seize or Sue act.
Also remember paramount is no one should ever be threatened or put an arms way on either side. The dam vehicles got insurance if it was stolen and there’s a Seize or Sue act if it was seized. The debtor comes out the winner every time.
If you really want to get me going Dave let’s talk about special assessments!