Bailiffs: what is their real role and how far can they go?

Since July 1, 2022, bailiffs have officially held the title of judicial officers, following their merger with judicial auctioneers. This regulated profession intervenes at the request of individuals, businesses, or courts. Contrary to popular belief, its activities are not limited to debt collection, seizures, and evictions.

The bailiff officially serves summonses, judgments, and various legal documents. They can draw up reports for damages, nuisances, property condition reports, poorly executed work, or content published online. They also intervene in the amicable recovery of debts, the enforcement of court orders, inventories, and certain auctions mandated by law.

Significant but strictly regulated powers

A forced seizure cannot generally be carried out simply at the request of a creditor. The bailiff must possess an enforceable title, such as a court order, and follow the various procedural steps. To enter a dwelling in the absence of, or despite the refusal of, its occupant, the bailiff must meet specific conditions and be accompanied by an authorized official or, failing that, two independent adult witnesses.

The services of a bailiff are subject to fees, but many actions related to their exclusive duties are regulated. For services performed outside this monopoly, such as certain reports or advice, fees can be freely set. A person who disputes a legal action, a seizure, or the amount of fees can initiate proceedings with the profession or appeal to the competent judge. The bailiff remains bound by professional secrecy as well as obligations of integrity, impartiality, and proportionality.