A bailiff can only take such action having first gained the proper authority. This may be provided through statutes, terms of contract, or under common law.
The statutes (laws) under which a bailiff may exercise their authority include:
- Rent Distress Act
- Repairers Lien Act
- Warehouse Lien Act, and
- Personal Property Security Act
At Kingsway Bailiff Service it is our main objective to service you, our client–as well as your client–with the highest level of respect. We will get the job you require done–with the least resistance–in the most respectful, professional manner.
Our seasoned team has the knowledge and are here to answer any questions or concerns you may have.
In British Columbia a Mechanics Liens is also known as a Repairs lien.
Mechanics’ liens are filed against your customer and attached to the vehicle’s title. In the case of vehicles, a Mechanics’ Lien is registered against the vehicle’s VIN number. A Mechanics Lien forces your client to address the non-payment situation directly. Should the Mechanics’ Lien not be resolved, the vehicle is able to be sold.
A warehouse lien can be of assistance when trying to collect outstanding fees, such as: moorage or storage.
You must prepare a Warrant and Notice of Seizure. A demand is then made for the payment of the storage arrears as well as the applicable bailiff fees. If payment is not forthcoming the subject’s assets are placed under seizure; the required legal advertisements are placed in the legal section of the local newspaper on two separate occasions, advertising the required information as detailed in the Warehouse Lien Act. The asset is normally sold by public auction.
Commercial Rent Distress
A remedy all commercial landlords should be aware of, particularly where tenants own valuable equipment, is that of distress. Simply put, distress allows a commercial landlord to seize and eventually sell a tenant’s goods to reimburse a landlord for rental arrears.
Many landlords are wary of this remedy because of the possibility of being sued. However, exercised correctly and with the proper legal advice, distress can be a valuable tool.
Some of the other services we provide are:
- Removal of Goods
- Lock Change
- Removal of Collateral
- Skip Tracing
- Repossession of goods
- Walk-in seizure