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Sezures
A debtor's personal belongings contained in a seized item but not included in the security agreement should be returned to the debtor upon the debtor's request and possession of them must not be used as a collection lever.
There is NEVER a time when physical force will be tolerated in the seizure of goods.
Bailiffs must ensure that, where appropriate and possible, all debtors are provided with required notices of seizure that clearly outline the name, address and phone number of the bailiff, the total amount owing to the creditor and a reasonable estimate of the bailiff fees either at the time of the seizure or some reasonable time after the seizure and where appropriate, their rights of redemption or reinstatement. Any further expenses, such as towing, storage (where permitted) should also be clearly outlined or estimated .
Where no notice can be given to the debtor at the time of the seizure, it is expected that the licenced bailiff will contact the local police and advise that a seizure is being performed and the authority for the seizure. Further, notice should be provided to the debtor either upon demand or within a reasonable time after the seizure unless otherwise provided for by law.
Bailiffs shall ensure that reasonable prudence is exercised in obtaining a commercially reasonable price for seized goods. Appraisals shall be obtained where required by law or where reasonable prudence requires they should be obtained in order to obtain a commercially reasonable price.
A bailiff shall not break a locked, bolted or barred entrance to private property nor enter private property other than the usual way of entry in seizing a vehicle. In Millar vs. Sumo Engine Company and Active Bailiff Services Ltd. (1994) 85 B.C.L.R. (2d.) 75, the B.C. Supreme Court upheld a decision that a seizure from a locked parkade constituted “an unlawful, unauthorized entry”. Therefore, the unauthorized entry to such a facility to conduct a seizure is considered an unlawful seizure and an unreasonable collection practice.
Before seizing certain goods, it is the bailiff's responsibility to find out if they are leased or owned by others. If it is leased property, it should not be seized. Some examples are vending machines, cash registers, copiers and other office equipment. A bailiff can be held liable for seizing items that the bailiff knew, or ought to have known, were not the property of the debtor.
If the bailiff has reasonable grounds to believe that goods are owned by third parties, including leased goods, they shall not be seized or distrained. Where the bailiff has such reasonable grounds he/she shall make reasonable inquiries to verify the title to those goods prior to seizure or the rendering or the continuing of the distress. What constitutes reasonable inquiries depends on the circumstances and the bailiff can consider the need to protect the goods from being removed from the premises in determining what inquiries should be made. This directive does not apply to goods of third parties that are expressly subject to distraint under the Rent Distress Act as well as goods that are expressly subject to the Landlord's claim of priority under the Rent Distress Act.
Miscellaneous
When conducting a seizure, repossession or rent distress, bailiffs must identify themselves using their real name and identify their employer or agency when requested to do so by interested parties.
Debts less than 120 days overdue that are reported to a credit reporting agency must be classified in accordance with the industry-established rating system and not reported as a “9” only because the account has been placed with a third party for collection.
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