Do I Have Any Legal Rights If The Bailiffs Knock On My Door?
December 6, 2009 by Edward Woodwards
Filed under Debt
You as a citizen of your country are entitled to absolute legal support, even if you have committed a crime. Being unable to pay off your outstanding credit dues, in the wake of the current global financial crisis is inevitable. Credit lending institutions shall not benefit anything by prosecuting a defaulter, just for the heck of it. They, as monetary institutions would rather be interested in getting back their money than sending you behind the bars.
A bailiff is a legal representative of the creditor, who is entitled to collect the debt from you on behalf of the creditor. If your creditors have notified you that they would be sending a bailiff to collect money from you, then you should take extra measures to keep your house inaccessible for the bailiffs.
The first legal right in this regard, is that you do not have to let the bailiff in your premises. You are, under no law, or obligation to open the door to him, or to co-operate with him.
Bailiff does not have the right to break in your house, but if he/she finds any window, or door open, he/she can enter your house without your permission, as he/she has a legal warrant against you. So do not keep your doors, and windows open unnecessarily.
Secondly, you have the legal right to contact the creditors on whose behalf the bailiffs came to your house. Try to negotiate with the authorities, and convince them for resettling the due dates of payments. If you explain to them your financial situation, through valid, and authentic documentation, and if you had maintained a fair history of on-schedule payments, then there are chances that the creditors draft a new schedule of payments for you. They might also ask the bailiffs not to bother you again.
If your problem is not resolved yet, there is third way of getting out the bailiff out of your way, i.e. to hire a lawyer for your help, and guidance in legal matters. You can approach a magistrate by a written request to the magistrate who has authority over your area, and tell him the reason, and the supportive financial evidence of why you have been under the debt, and not able to pay it off.
If your intentions of debt repayment are clear to the magistrate, and you need time for it, then you can even request him to annul the warrants of the bailiff against you. In case, you do not have any way of paying off the debt, by earning, or by selling off your goods, then you must get in touch with the magistrate to find any other suitable solution.
Last but not the least, if you come across your bailiff you can even settle the issue by discussion, but whatever is the case, never allow him to confiscate your possessions. If he/she misbehaves with you, you have the right to complain about his misbehaviour with sufficient evidence, or witnesses to the local magistrate.
Edward Woodwards is a financial consultant. You can take help on individual voluntary arrangement and solutions to debt problems. Find out more information at his recommended website http://www.iva.org.uk.
