Need help with a bailiff’s writ?
As a collection agency , we regularly receive questions about the bailiff’s writ and the way in which you can use it. The moment you want to summon a relation and, for example, when you are dealing with legal proceedings .
What is a bailiff’s writ?
The bailiff’s writ is a deed issued by the bailiff. An official announcement is made in it or a document is handed over with it. It is an official and legal act, which provides proof that the person to whom the communication is made has also received it. Moreover, you can use it to prove that the document has been handed over, so that there can no longer be any doubt about this afterwards.
Tip: it is important to prove that the notification or document has been handed over. In addition, the bailiff’s writ ensures that it can be proven when this happened. Together, it provides the necessary evidence to settle a legal case.
Options: subpoena and more
Curious about what you can use the bailiff’s writ for? It is of course the subpoena, which you may be familiar with. The moment you want to have someone sued, this is done with such a writ.
However, there are more options, so we list them for you:
Should a subpoena be issued? It is important to do that with bailiff’s writ. That way, the other person can never deny having received the subpoena.
- Prescription period
Is there a limitation period that must be interrupted? In that case, too, it is possible to use a bailiff’s writ.
- Judicial ruling
Has the judge issued a ruling and should action be taken on that basis? By handing over the decision by bailiff’s writ, the other party must act accordingly.
We specialize in working with bailiffs, for which we naturally have a number of loyal and strong contacts. This means that we can properly supervise both the amicable phase for the collection and the legal phase.
During the judicial period, we ensure that the important steps are taken and that we comply with the regulations that apply. We can advise you extensively about this, for example if you want to know how we use the bailiff’s writ.
Bailiff’s writ: experienced specialists
Would you like to know more about the bailiff’s writ or are you curious about how we can use it in your situation? Of course we are happy to think along about both the amicable and possible judicial phase of collection. In this way we ensure that you get your outstanding claim or invoice paid.
We do this via our platform for the amicable phase and with, for example, a bailiff’s writ if this fails. Of course, even within the legal phase, we ensure that we communicate in a neat and friendly manner, without detracting from its binding nature. We understand what you are looking for and how we can help you with it, for example when it comes to using a bailiff’s writ.
10 tips for drawing up a good bailiff’s writ:
- Make sure the writ is clear and easy to understand. Use simple language and avoid legal terms where possible.
- State the name of the court with which the writ has been filed and the name of the judge who issued the writ.
- Clearly state the purpose of the writ and what the addressee must do.
- State the date on which the writ was issued and the date on which the addressee must appear or perform the act.
- Add attachments relevant to the writ, such as a copy of the summons or a copy of the judgment.
- Make sure that the writ is signed by a bailiff or other authorized person.
- Make a copy of the writ for the addressee and make sure that the original writ is properly sent.
- Make sure that the writ is sent on time, so that the addressee has enough time to prepare for the court hearing or to carry out the act.
- Make sure that the writ is served correctly, according to the legislation within which the writ is issued.
- Check that the writ meets all legal requirements before sending. If not, the writ may be returned or the lawsuit may be challenged.