Are you dealing with bailiffs but don’t know much about what they are allowed to do? Here are some facts about bailiffs operating in BC.
The law in BC
There are two different types of bailiffs in BC: licensed bailiffs and court-appointed bailiffs and they each have different rules they must follow.
Court bailiffs are appointed by the Attorney General under the Sheriff Act and they are legally authorized to enforce (civil) court orders. When bailiffs are not acting on a court order, they act as debt collectors, and they must be licensed with us and follow the debt collection and consumer protection laws that we oversee.
5 things to know about the bailiffs licensed and regulated by our office
- Aside from serving legal documents and collecting money owed, licensed bailiffs also seize or repossess property, or evict a tenant from a property.
- Licensed 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).
- Licensed 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, a licensed bailiff is prohibited from supplying any false, or misleading information to the consumer or misrepresenting themselves in any way.
- A licensed 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.
Where to go for help about bailiffs
If you want to know more about court-appointed bailiffs, you can visit the government of BC website. For more information about our licensed bailiffs and the rules they must follow, explore our Consumer Help page on bailiffs. You can check to see if a bailiff holds a licence with us by searching for their name on our website.
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About Consumer Protection BC
We are responsible for regulating specific sectors 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 one to speak to; other times, court or legal assistance may be the best option. Explore our website at www.consumerprotectionbc.ca.
Are Commercial Bailiffs executing a vehicle repossession permitted to enter a secured, Strata property underground lot without making any attempt to contact either the on-site Manager or property management company? And once inside, are they legally allowed to prop open the parking gates and block exit lanes with their vehicles, refuse to comply with Building Management and the rules of the Strata that they are in? Are they not required to wear some sort of identifying badge or uniform? Or do we have ZERO rights or protection against such people?
Hi Kevin, thank you for contacting us. We do not license or oversee court bailiffs but the Ministry of Attorney General contracts private sector companies to provide civil execution services by court bailiffs across the province. Therefore you may want to contact them directly with your concerns. You can visit the BC Government website for more details and contact info is at the bottom of the page.
I DID contact them, and they sent me here because they only deal with Court bailiffs and not Commercial ones. They told me that CPBC was the oversight for Commercial Bailiffs.
So who do I believe?
I’m trying to get help and I just keep getting bounced around here.
Hi Kevin, thank you for your reply. If bailiffs aren’t enforcing a court order, they are acting as licensed bailiffs (licensed by us). You may have already seen it but we have more information on our website. If you are sure that you are dealing with a licensed bailiff, please submit a formal complaint so we can properly address your questions and or concerns. You can submit an online complaint on our website here. Thank you, Kevin.
Hi,
Are bailiff allowed to seize a car without notice and on a Statutory Holiday from a private property?
Hi Claudio, thank you for contacting Consumer Protection BC. If a bailiff is seizing a car, they are most likely acting as a court appointed bailiff and they are regulated by the Sheriff Act. The BC Government website has some information about court bailiffs and who to contact if you have concerns (at the bottom of the webpage). I hope this is helpful.
Hello,
What can a bailiff take when they are being dispatched to your location due to missed payments on a loan?
Hi Sandy, are you dealing with a court appointed bailiff or a licensed bailiff? The rules vary. If the bailiff is court appointed, there are different rules and you can visit this page on the Government of BC website for contact info with any questions you have: https://www2.gov.bc.ca/gov/content/justice/courthouse-services/bailiffs