It’s not pleasant when someone owes you or your business money. After all, you sold or rented your property in good faith that payments would be made on time, every time. Unpaid debts can take a toll on your profit margins and even your mental health, especially if you are a landlord trying to collect arrears on rent. It’s not unheard of for tenants to skip out in the middle of the night. Courts can take a long time to move, can be expensive and the court judgement itself won’t recover your debt for you. Additionally, the statute of limitations on most types of debt is set at a mere two-year liability period in British Columbia. Having the right bailiffs on your side can smoothen the entire debt recovery process.
Debt Recovery Isn’t as Grim as You Think
Speak of debt recovery and most people’s minds immediately go to a dimly lit basement from an action film with not-so-veiled threats made to the debtor. The reality couldn’t be further from the truth. The entire process is highly regulated and licensed bailiffs are trained to act as negotiators and problem solvers while adhering to the rules and regulations concerning debt recovery practices.
So, Who Are These Bailiffs Exactly?
There are two types of bailiffs you are likely to come across – court appointed bailiffs and licensed bailiffs. There is often an overlap between the two as many court bailiffs also act as licensed bailiffs when not summoned to carry out work by the court.
Court bailiffs execute several types of court orders and extra-judicial processes including the enforcement of court orders from civil proceedings. They are called in when a debtor does not pay the monetary judgement awarded by the court or when a landlord obtains an order of possession from the Residential Tenancy Branch. Typical court orders include a writ of possession, writ of seizure and sale, and order of seizure and sale.
Licensed bailiffs in Canada are authorized to collect money owed as a result of a contract. They are required to be licensed by law. Although they act without court supervision, they are required to follow the debt collection and consumer protection laws that are overseen by Consumer Protection BC. Working with a licensed bailiff basically means that you get all the benefits of debt collection minus any shady business! For example,
- Bailiffs cannot communicate with creditors in a way that qualifies as harassment.
- They can only remove personal property from a home when there is an adult resident present.
- They cannot supply misleading information or misrepresent themselves in any way during the entire process.
Accurate Effective Bailiff Services
Accurate Effective Bailiffs Ltd. has over 50 years of experience in the debt recovery business offering the following services:
The process of repossession can vary depending on the specific circumstances of the debt. If you are seeking to recover assets to alleviate your losses on an overdue loan, we will work with financial institutions, creditors, leasing and lending agents, commercial landlords and property managers to do so.
- Motor Vehicles
- Heavy trucks and trailers, semis, reefers, flat-decks, and cube vans
- RVs, campers, motorcycles, ATVs, and snowmobiles
- Marine craft
- Home or office equipment, electronics, and furniture
- Heavy Equipment such as bulldozers, excavator and woodchippers
- Industrial Equipment like pressure washers, generators, and lathes
Repossessed assets are then cleaned and detailed to realize the maximum value upon their sale.
Distress, Distraint and Termination:
Landlords can often be put to the test with tenants defaulting on rent. Collecting tenant debt can be labour-intensive and very difficult and can be a job that needs to be handled with empathy and care to find the most effective (and satisfactory) solution that works toward the debt being paid. On the other hand, tenants may skip out making the debt recovery process harder. Accurate Effective Bailiffs assesses each case individually and discusses the best course of action with the landlord. The three different types of seizures that are most frequently carried out are:
- Walk In Seizures
- Lock Change (with tenant’s permission)
- Removal of Goods
We also provide assistance in case of termination.
Storage & Repairer’s Liens
Under the law in BC, a “repairer” can hold on to any property they repaired and sell it if payment for repair work is more than 90 days late. We assist in the placement and collection of repairer’s liens.
If you have any questions about the debt collection process, we’re always happy to help. Get in touch with us to know more!