North Central Bailiffs Ltd.
Court Bailiff Services
As Court Bailiffs, we enforce orders for the court. The Ministry of Attorney General for British Columbia, under the Sheriff’s Act, has appointed our Court Bailiffs.
At North Central Bailiffs Ltd., we have been executing Court Orders since 1990 and we are experts at asset location, evaluation, and all aspects of Court Order Enforcement.
Court Bailiffs are Peace Officers, and have the authority to enforce all orders that were formerly enforced only by the Sheriffs. Most bailiff companies do not carry this authority. North Central Bailiffs Ltd. has Court Bailiffs at or serving all branches throughout our network. A bailiff cannot be hired to perform the duties of a Court Bailiff.
Court Bailiffs have the authority to seize personal property when a Court Orders them to do so. This can happen when the court has determined that a person has not paid money that he/she owed, as he/she was required to do.
Court Bailiffs also have the right to place property under seizure immediately, and may or may not physically remove it at the time they execute the Court Order.
Immediate seizure does not affect the right of the person whose property is being seized to choose certain property that the Court Bailiff cannot sell to pay the Court Judgment. This property may include equity in a home, equity in a vehicle, household goods and clothing. The Judgment Debtor has two days to claim this exemption. The individual’s right to their exemption expires two days after the seizure, or the notice of it.
Creditors should be aware that Judgment Debtors could claim certain goods, in specified values, as exempt from seizure. The same rules are applicable if the Judgment Debtor was to file for bankruptcy. The Court Bailiff can help you understand how this applies. Note – Corporations are not entitled to exemptions.
To avoid having their property seized, a Judgment Debtor can pay the full judgment plus the Court Bailiff’s costs at the time the Court Bailiff executes the Court Order. The Court Bailiff can usually estimate costs accurately at that time. If however, the debt plus costs were paid after seizure, additional costs would likely apply.
If an individual needs more time to pay, this may be arranged, but it is entirely up to the Creditor and the Court Bailiff. If the individual is prepared to pay the court judgment over time, it may be possible to work out a payment schedule.
Some examples of Court Orders that we routinely execute include:
Writ of Seizure and Sale, Order for Seizure and Sale, Writ of Attachment, Writ of Possession, and Writ of Delivery.
At North Central Bailiffs Ltd., our low price deposit system makes it possible for all parties to have an order enforced by a Court Bailiff. We have no hidden charges or referral fees for transferring your files from area to area within our network.
We have a record of success that is second to none, as reported by the Ministry of Attorney General. In a recent report, the Ministry stated that “North Central Bailiffs Ltd. was honest, almost to a fault,” and that our fee structure was “simple, easy to understand, and a credit to [our company].
If you have a question regarding the enforcement of any Court Order, feel free to call us for information.
Commercial Rent Distress
In addition to the services listed above, we handle Commercial Rent Distress actions. Commercial landlords know the value of a skilled bailiff when it comes to these technical seizures. Let the experienced bailiffs at North Central Bailiffs Ltd. solve your next commercial tenancy issue.
- To protect our customers we will ensure that all appraisals of the seized goods are done ‘at arms length’.
- The required advertising is carefully prepared and placed to assure market penetration.
- To obtain the best possible recovery, all goods are sold by tender, in a competitive atmosphere.
- We will allocate items into separate sales lots as required so as not to limit the market potential of individual types of goods and to attract more bidders.
- We confirm with all priority creditors in writing so that our customers know the priorities of disbursement of proceeds, after the sale.
- We will pursue your interests against creditors claiming PMSI financing, and against sub-tenants who may also be accountable to you.
- We are knowledgeable with respect to the Bankruptcy and Insolvency Act, its effect on you in a Rent Distress Action and we have the ability to move quickly, while acting in accordance with the law, to protect your interests.
- We are also experts in saving commercial tenancies while at the same time keeping our customers in the drivers seat during the collection of rent.
- We can analyze your lease and develop a strategy for your current and future tenancies. Call one of our professionals today for immediate results.
Kelowna, Vernon, Williams Lake, Prince George, Kamloops
As Process Servers, it is our duty to serve your legal documents. In that respect, we give legal notice to a party (usually the Defendant or another person named) requiring them to respond to a legal proceeding scheduled to be held before a court, government body, or tribunal. Notice is usually provided by presenting the party in question with court documents such as a Writ of Summons, Notice of Claim, Summons, Statements of Claim, Petition to the Court, etc. Some documents must be served personally, while others may be served upon a person of legal age at the intended party’s residence. At the time of service, our process servers may request identification from the recipient. You may wish to give us special instructions with respect to a particular service, and we’re willing to accommodate!
Once the document has been served, our Process Servers will make a note of the date and time of service and manner of service for preparation of the Affidavit of Service.
An Affidavit of Service is a legal document completed by our Process Servers outlining where, when, and on whom the documents were served. The Affidavit is sworn before and signed by a lawyer, notary public, justice of the peace or commissioner of oaths. Affidavits of Service must be completed carefully and properly, sworn, and filed in the applicable court registry, before the court will acknowledge that a given person has been served. An Affidavit or Certificate of Service is usually necessary to prove service of documents.
Our Bailiffs, Court Bailiffs, and Process Servers also excel at skip locates. We also prepare the best affidavits in the business!
We offer flat rates with modest or minimal charge for return trips in most areas, with the notarization of the Affidavit of Service to be billed additionally at low cost. In many cases, “locate” charges are built into our fee structure. Our fee structure encourages our Process Servers to get your documents served on the first trip. We are fast and professional and operate across Canada with easy, no cost referrals to any of our four branches. Our Court Bailiffs can also serve your Execution or Summons to a Default Hearing documents from any of our locations!
We accept all types of liquidations and will quote sales commission rates that include storage, advertising, and even appraisals. Estate liquidation sales, receiverships, and bankruptcies can be handled from any branch.
We sell seized goods and equipment at all of our four branches. Most sales are on a commission basis where the creditor has the final say on the sale price, and we do not charge storage fees on these sales (unless otherwise stated). We handle liquidation sales and bulk sales, as well as sales of automobiles, mobile homes, office and restaurant equipment, consumer goods, heavy equipment, recreational vehicles, boats, and complete turnkey businesses. Through our Court Bailiff divisions, we offer Court Ordered Sales of Land, and sales pursuant to Writs of Execution such as Writs of Seizure and Sale, and other forced sales.
Evaluations and appraisals of your goods can be made available prior to a sale. You can make arrangements for the goods to be sold at the time you list your warrant with us. Goods of any substantial value will be advertised on this website as well as in newspaper. We also seek out the market for your specific use goods to ensure maximum exposure. Be assured that your goods are in safekeeping with us because all of our secure compounds are covered by I.C.B.C. liability insurance policies. Speak to our local bailiffs with respect to storage policies, as limitations apply. NOTE – Goods are held at the sole risk of the Creditor, garage policy insurance applies only to negligence on our part.
Lien Registrations and Court Filing
When it comes to immediate service the experts at our offices can get those important documents registered quickly, whether at the Court Registry, Personal Property Registry or any of the other registries.
- We file Legal Documents and Repairer’s Liens.
- We can also file for you under P.P.S.A. if you finance your product or services.
- You can easily make arrangements by e-mail or fax for North Central Bailiffs Ltd. to file your liens for you.
- We can provide you with an information handout to keep you up-to-date on the latest rules and regulations.
- If you need a bailiffs perspective on any Repairer’s Lien issue contact us.
We offer searches of all kinds to assist our customers in determining priorities and other charges as they affect your goods or the goods of others. We can provide information on the following:
- Liens in the Personal Property Registry, Land Registry, I.C.B.C. searches of motor vehicles, Mobile Home Registry, company registrations and all BCOnline services.
- Immediate service from North Central Bailiffs Ltd. by e-mail or fax, contact us by the method you prefer.
Based entirely on commission, our ‘No collection – No charge’ system keeps our customers coming back! If the file needs legal handling we only charge for preparation, registration and process serving fees (most of these are collectable from the debtor), or we’ll collect on a simple fee basis.
- You pay as we get results and pay commission only on the success. All of our legal documents are prepared by our solicitors for a very nominal fee.
- North Central Bailiffs Ltd. in accordance with the Legal Professions Act does not prepare legal documents for or in anticipation of a fee.
- You should be aware that documents prepared by any person other than a person entitled to practice law may be rejected from a court at any time causing the creditor irrevocable harm.
As bailiffs, we can act as your licensed and bonded agent to seize and/or distrain against the property of a debtor. A bailiff can only take action for you if there is authority to act. Our authority to act may be found in a contract held by the creditor, statutes, or common law. The statutes (laws) under which a bailiff may commonly exercise their authority include: the Personal Property Security Act, Rent Distress Act, Repairer’s Lien Act, and Warehouse Lien Act.
Creditors such as financial institutions often engage bailiffs, lawyers acting for their clients, landlords of commercial premises, and/or others who require a bailiff to act on their behalf for specific credit related issues.
Bailiffs’ duties include some of the following services:
- Consulting with creditors regarding collection/enforcement of a debt
- Investigation and location of assets of a debtor
- Seizure of goods and chattels from a debtor
- Sales of seized goods and chattels
- Preparing or obtaining evaluations or appraisals of seized goods
- Preparing detailed inventories of seized goods
- Preparing detailed inventories for creditors
- Collateral inspection for creditors
Generally speaking, a bailiff’s reasonable fees and costs are considered to be a part of the amount owed by the debtor and may be added to the debt owed, if law permits. These fees may include but not be limited to: a seizure fee, an hourly charge, towing, storage, filing and administration, operating costs (mileage/distance), and applicable taxes.
Our bailiffs obtain their licenses from Consumer Protection BC and they operate under the BPCP Act and related regulation.
At North Central Bailiffs Ltd., you can always expect our bailiffs and Court Bailiffs to conduct themselves as professionals. We will always put your interests first.
Writ of Seizure and Sale
A Writ of Seizure and Sale instructs the Court Bailiff to seize sufficient of the debtor’s unencumbered personal property, which will be sold to satisfy the amount of the Judgment. The Registrar of the court where the Judgment or Order was made and directed issues a Writ of Seizure and Sale to the Sheriff or Court Bailiff of the district where the debtor resides or is believed to have assets.
To obtain a Writ of Seizure and Sale, you will need:
- A copy of the Order or Judgment as entered and any other evidence necessary to establish the amount awarded
- A requisition to the Registrar to issue a Writ of Seizure and Sale directed to the Sheriff or Court Bailiff of a district. The requisition must set out:
(a) The date and amount of any payment received since the order was made
(b) The amount owing and rate of post-judgment interest
- A completed Form 60A (Writ of Seizure and Sale) directed to the Sheriff or Court Bailiff of a specific district.
- The Registrar’s fee for each Writ to be issued.
Be sure to obtain and file sufficient copies of Writs for each judicial district in which the debtor is believed to have assets because each Writ will only attach to the debtor’s assets located in that particular district. It may be that you might have to issue Writs of Seizure and Sale to Court Bailiffs in more than one area. Ask our local Court Bailiff about this. If you have issued Writs in any other district, you must inform each of the Court Bailiffs.
One must also ensure that the Judgment Debtor is properly named on the Writ. The Execution Act provides that a Writ will not bind the real property of an execution debtor unless the name set out in the Writ includes at least one given name in full.
When a Writ is delivered to the Sheriff or Court Bailiff, it binds all of the real and personal property within the jurisdiction of that Sheriff or Court Bailiff. “Binding” the debtor’s assets gives the Sheriff or Court Bailiff the legal right to seize them. However, the goods continue to be the property of the debtor until they are seized and sold by the Sheriff or Court Bailiff.
A Writ of Seizure and Sale remains in force for one year from the date of its issue and thereafter for an additional year from each renewal. In the case of Writs of Seizure and Sale issued from the Federal Court only, such Writs remain in force for six years from the date of issue.
A Court Order is a legal document or proclamation in which a court orders a person to perform a specific act, prohibits him/her from performing an act, sets a court date, or legally establishes something. For example, a Court Order may require an individual to pay a specific amount of money to another party. Some Court Orders are used to set a date specifying when parties involved in a case are expected to appear in court. Other Court Orders may establish the relationship between parties in a case.
In many cases, Court Orders are issued in Writing and signed by a Judge or the Registrar of the Court.
Document Filing and Lien Registration
The experts at our offices can have your important documents registered quickly, whether at the Court Registry, Personal Property Registry, or any of the other registries.
We file legal documents such as Repairer’s Liens, and can also file for you under P.P.S.A. if you finance your product or services. Via email or fax, you can easily make arrangements with us to file your liens for you. If you are seeking a bailiff’s perspective on any Repairer’s Lien issue, our bailiffs are happy to offer their assistance, so please feel free to contact us.
If we handle a “legal collection” for you, our solicitors prepare all of the legal documents for a very nominal fee. In accordance with the Legal Professions Act, we do not prepare legal documents for or in anticipation of a fee. Please note that documents prepared by any person other than a person entitled to practice law may be rejected from a court at any time causing the creditor irrevocable harm.
Fort St. John
2706 Jasper Street, Prince George, BC V2L 5B2
Phone: 250-563-2000 Fax: 250-563-2024
Email: [email protected]
2706 Jasper Street, Prince George, BC V2L 5B2
Phone: 250-564-4900 Fax: 250-563-2024
Email: [email protected]
2900 Boundary Rd #101a, Westbank, B.C. V4T 2H2
Phone: 250-564-4900 Fax: 250-491-1073
Email: [email protected]
#7-452 Dene Drive, Kamloops, BC, V2H 1P4
Phone: 250-377-4148 Fax: 250-377-4149
Email: [email protected]