What is the bailiff’s liability?
The status of bailiff means that his activities are covered by the common law professional liability of judicial officers. Failure to comply with his obligations is covered by rules specific to this profession. Bailiffs may therefore incur professional civil liability, particularly in tort, for their actions but also for the actions of others, their agents. It is up to the lawyer advising the victim to provide evidence that may engage the liability of the bailiff concerned.
Liability towards the principal is contractual and arises from the contract of engagement (articles 1991 et seq. of the Civil Code). Liability towards third parties is in tort (articles 1240 and 1241 of the Civil Code).
The bailiff is responsible for enforcing a court order. He must, for example, use all possible means to recover a debt. If they are overzealous or fail to do so, they are liable. However, it is up to the customer to provide proof of his lack of diligence.
As a document drafter, this public official is also liable for errors in drafting or service. As a result, the burden of proof in the event of a problem lies with the public official.
It should be noted that in the event of the destruction of documents entrusted to a public official for the performance of an assignment or the service of documents, the limitation period for taking action is 2 years from the date on which the assignment was performed or the documents were served.
Bailiffs are also liable for breaches of the rules governing fees and for breaches of professional secrecy.
If you have a dispute with a bailiff, you should make an appointment with one of our lawyers who specialises in these procedures. This lawyer will do everything in his power to ensure that the bailiff is held liable.
What are the bailiff’s duties?
The bailiff’s status also implies that he must comply with certain duties, such as :
– information and advice ;
– loyalty ;
– prudence and diligence;
A breach of any of these duties, such as keeping silent about one’s actions, may result in professional liability. In addition, damages may be claimed in disciplinary proceedings.
In the event of damage, it is up to the claimant to demonstrate the loss, such as the loss of opportunity to recover the debt, and the causal link with the damage, particularly when the bailiff’s fault is not presumed. This requires the assistance of a lawyer. Through his expertise, the lawyer will adopt the most appropriate strategy for engaging the liability of the bailiff concerned.
The bailiff’s liability is guaranteed by his professional insurance. The bailiff’s civil liability cover begins :
- either at the time of the harmful event
- Or at the time of the claim.
Finally, the claimant has 5 years to take action, but this period has been extended to 10 years under the conditions laid down by a decree of 26 November 2004.
