There’s a bailiff at the door. What am I supposed to do?

In brief

The bailiff cannot seize your property on the first visit, you will be given a notice.
Check the bailiff’s identify and the validity of the document you are given.
If you don’t settle your debt, the following could be seized, among others : Some of your salary, savings and investments, money or other property another person owes you, company shares, cash you may have at home, furniture, your vehicle* or other property.

Before you get to that point, consult a financial recovery counsellor. In addition to stopping your creditors’ harassment, a financial recovery counsellor will help you find the best solution to end your debts.

There are two basic reasons for a bailiff to come to your door:

To give you a formal notice in person;
To tell you your property is being seized because you owe money to one or more creditors.

However, even in the latter case, there’s no need to panic. A bailiff cannot seize your property on the first visit. You must first be given a warning and a list of what will eventually be seized.

Also, if you’re not home, the bailiff will come back another time.

Do your homework

Before letting the bailiff come into the house, you have to take a few precautions:

Check the person’s identity: The bailiff must hold a permit from the Chambre des huissiers de justice du Québec and have photo ID.
Check if the document you are given is valid: It must bear an official seal indicating the date, time and signature of the bailiff.

There are restrictions on when a bailiff can seize your property. Property can only be seized on Monday to Saturday between 7:00 a.m. and 9:00 p.m. (unless you’re trying to hide or sell some property). Property cannot be seized on a statutory holiday. Additionally, the bailiff cannot enter your home if you’re not there, barring some exceptions.

What happens during the seizure?

Before being able to seize property, your creditor must obtain a Court ruling. The creditor will have a notice prepared to warn you about the seizure. The bailiff will give you this document on the first visit.

You must then pay the debt. If you don’t and depending on how much you owe, the creditor could ask the bailiff to seize:

Part of your salary through your employer;
Your savings and investments in a financial institution;
Money or other property another person owes you;
Company shares you own;
Any cash you might have in your home;
Furniture, your vehicle* or a game console.

How can you avoid getting to that point?

For a creditor, seizure is the last resort to recover the money owed to it. In your case, this step may be a difficult experience. Instead of waiting until you’re on the brink, you should do your utmost to avoid getting to that point.

Several solutions are available to settle your debts without a seizure. They will help you avoid being constantly harassed by our creditors.

The best option is to consult with a financial recovery counsellor like the ones at Raymond Chabot. They will explain how to get your creditors to stop calling you. Together, you’ll look at the best solution for you. Whether it’s a debt consolidation, making a consumer proposal or declaring bankruptcy, you will receive guidance on how to put an end to your money problems.

Property that cannot be seized

You have certain rights when dealing with your creditors. The bailiff cannot seize:

Furnishings needed for daily living, such as a refrigerator or stove;
A work tool needed for your professional activities, like a computer;
Pets;
Food and clothing needed for living;
Your vehicle.*

*Your vehicle cannot be seized if you need it to go to work, to look for a job or to care for yourself or a family member. However, it can be seized if you can use public transit or have another vehicle.

Have you built up considerable debt and can’t see your way out? Don’t hesitate to contact one of our licensed insolvency trustees who can help you find ways to reduce or eliminate it.

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