Bailiffs | Legal Aid WA The bailiff may, when authorised by the sheriff, use any force and assistance that is reasonably necessary to enter any place where they believe on reasonable grounds there is or may be personal property or a record about title of any property which can be seized under the property (seizure and sale) order
Enforcing a judgment | Legal Aid WA A property (seizure and sale) order allows the sheriff or bailiff to take and sell the judgment debtor's personal property (cars, boats, and some personal items) or real estate (for example, a house) to pay the money the court says is owed to you This will include the judgment debt, interest, and enforcement costs
Sheriffs and bailiffs - Car crashes | Legal Aid WA If the property to be seized is house and land, the sheriff or bailiff must seek the consent of the occupier to enter If consent is unreasonably withheld, or if they are unable to contact the occupier or owner, the sheriff or bailiff may force entry to the property between 9 am and 5 pm Obstructing the sheriff or bailiff
Serving a claim | Legal Aid WA When you start a claim in the Magistrates Court, you are normally responsible for organising someone to serve the claim on the defendant This could be done yourself, or you can pay the court to ask the sheriff or bailiff to serve the defendant for you You also have the option of paying a private process server to do it
Repossession - Mortgage stress | Legal Aid WA The sheriff bailiff generally posts notice of the eviction date 2-10 days prior to eviction However this is a courtesy, and the sheriff bailiff has no obligation to do this Once it has possession of the property, the lender can put the property up for sale
Tips for serving a defendant What a bailiff can and can’t assist with If the bailiff attends at a residential or business address, being the last known address of the defendant, and the person there indicates that the defendant is no longer there, the bailiff may be unable to effect service The bailiff is likely to try to establish whether the
Starting a minor case claim in the Magistrates Court of WA • an enforcement officer, for example, a bailiff, serves the claim, and • seeking to have judgment enforced You do not have to pay the fee if you are under 18 when it is payable When you may be eligible to pay a set reduced court fee If you are an eligible individual [ you will only pay a set reduced fee (where applicable)
Starting a claim - Car crashes | Legal Aid WA You can serve the defendant with the claim or arrange for the bailiff to serve it for you Fees are payable for bailiff service If you serve the claim yourself, you will also need to complete and lodge a Form 11 Affidavit of Service You should get legal advice if you cannot find the defendant to personally serve the claim
Disputing a debt | Legal Aid WA Before taking court action, a creditor (or their lawyer or a debt collection agency) may send you a notice or a letter of demand if you owe a debt
Bail | Legal Aid WA What is bail? Bail is a written promise (known as a bail undertaking) that you will come to court at a particular time and date