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Can a Magistrates court take our belongings on a first house visit? |
Submitted on: 9th Apr 2010 by Non-Member | Total Answers: 1
My partner has an outstanding fine (driving offence). we havent made any payments yet. 2 days ago 7am there was a loud knock on the door which we did not answer.We seen a letter that they had posted by hand, stating if full payment isnt made they shall remove my goods for sale.
So is this true? can they take my goods straight away without a walking possession? i keep trying to look up info, and everyone seems to say that they need to do a walking poss first. but in some cases which is rare that they will take them straight away.
Re: Can a Magistrates court take our belongings on a first ...
The simple answer is yes they can. Since July 2005 bailiffs collecting fines have the power to break in to your home to take your goods even if they have never been to your home before. It is not likely that the bailiffs will use force to break in but it is possible. It is more likely that they will seek entry by peaceful means e.g. getting through an open window or by you letting them in.
A Magistrate's Court can appoint a bailiff if the fine hasn't been paid who will then come to the property and will either want the fine paid in full or could force entry and seize goods to the value of the fine. A bailiff has the authority to force entry on the first visit without being authorised to do so by the owners of the property and without a walking possession order, as they are collecting a fine for a criminal offence resulting in a fine being issued.
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