Many people only become aware of their debt when a letter from the bailiff arrives. The worst thing you can do at that point is put the letter aside. Enforcement proceedings come with short deadlines, so a quick and well-considered response makes a real difference.
What is an enforcement order?
The enforcement order is the official document on the basis of which the bailiff starts collecting the debt. It states the legal basis and amount of the claim, the associated costs and the details of the creditor. It is worth checking carefully whether the data and amounts are correct.
The first steps
- Read the documents carefully and note the date of delivery.
- Contact the bailiff and ask for information on the exact amount owed.
- Gather all related documents: contracts, payment receipts and correspondence.
- Seek legal advice before signing or acknowledging anything.
What legal remedies are available?
Depending on the situation, several tools may be available. An enforcement objection can be filed if an action or omission of the bailiff is unlawful. If the claim has already ceased, become time-barred or enforcement would be unlawful for another reason, proceedings to terminate or limit enforcement may be an option. In many cases, an instalment agreement with the creditor is also a realistic solution.
What cannot be seized?
The law protects certain assets and income: basic items needed for everyday life and part of your income cannot be subject to enforcement. What exactly is exempt in your case should be assessed based on your individual circumstances.
This article provides general information and does not constitute legal advice. For your specific case, please book a personal consultation.