Leonard Kasler & Company
Levying Execution
(20 Things to know when the Bailiff calls )
1. Generally, the Bailiff will be acting as a result of a Court Judgment obtained. There are some notable exceptions and these are dealt with below
2. Surprisingly often, clients claim that they did not know of any proceedings, until
the Bailiff knocks on the door
3. Frequently, the clients have recently moved offices and their Registered Office is still at their old address. The Registered Office is that address, at which proceedings against a Limited Company must be served
4. Nevertheless, one would have thought that the usual Post Office mail redirection
would have brought the proceedings to the attention of the client
5. Proceedings served at the Registered Office are deemed to have been duly served. A Court timetable starts running on that basis.
6. Sometimes the Registered Office is at the client’s accountants. Regrettably, the system for dealing with such important documents served is sometimes haphazard
7. It is not easy, or cheap, to get a Judgment set aside. You have to prove how the Judgment came to be entered in default and show that you have a defence on the merits
8. It can cost some £2,000-3,000 for a contested hearing just to give you the chance to defend properly
9. In other cases, the Judgment will be a result of an adverse result in Court proceedings
10. The Bailiff, armed with the appropriate documentation, is entitled to remove stock, furniture, and equipment from your premises
11. He will not usually attend with a lorry 
and sufficient labour to physically remove them. He will get you
to sign a "Walking Possession Agreement"
12. This lists the items that he has found in your premises. By signing, you agree not to remove them from the premises. To do so is a contempt of Court
13. If Third Parties own any goods on the premises, point this out to the Bailiff and get the Third Party to write to him claiming those goods. The Bailiff may issue "Interpleader" proceedings, by which the ownership of those items is decided by the Court
14. The Bailiff should list all the items individually with sufficient detail to identify them. Very often he does not. If you want to know exactly which items are affected, point this out to him. If you wish to reserve an argument for a later visit, let him describe things generally
15. He will want to go back to the Judgment Creditor with some sort of result. Offer
him a deal. Give him some cash, 
or a bankers draft, or (if it is the first visit) a cheque and
offer to pay the rest by instalments
16. Remember his job is to collect the money for the Judgment Creditor and his fees
17. He knows that putting you out of business will not achieve this and that the net sale proceeds (after expenses of removal and auction) might be very small