You can refuse to sign if you think you cannot comply with the reimbursement plan or if you think that the bailiff has listed objects that he should not. The agreement will not be valid until you sign it. If the judicial officers cannot recover the full payment of the debt and the hearing of a payment plan is not an option, they can take control of the goods (that is: Recover the money due by confiscating the assets of a debtor and selling them at a public auction). However, judicial officers cannot confiscate certain essential property, such as: judicial officers can also charge payments if they incur other costs when collecting debts. This may include, for example, the cost of storing goods, the cost of ordering a locksmith in case of appropriate violence, legal fees, auction fees and other exceptional costs. You will find information on bailiff fees on the website of the citizen notice. “Take Control of Goods” includes the High Court Enforcement Officers (HCEOs) you visit. The HCEO are bailiffs of the Supreme Court. If HCEOs have access to it, they can list your goods and ask you to sign a “Controlled Goods Agreement”. This way, you can continue to use the listed goods.
However, if you do not pay, the goods listed in the Controlled Goods Agreement may be withdrawn and sold. In some situations, your goods may be removed immediately or, as a last resort, locked in a room on your site. In practice, if a bailiff takes control of your goods, he will not necessarily take away your belongings while the debt is repaid. However, if they need to visit you a second time, they have the right to remove it and store it safely. HCEO should not take products belonging to other people with them. If they threaten to do so, explain that the goods do not belong to you. Post a receipt or credit agreement as proof. If the owner does not have a receipt, he can instead make an affidavit called a “legal declaration”. Contact us for a consultation.
In our experience, most judicial officers and HCEO want an acceptable agreement to be reached.. . .