Careers in Justice > Bailiff
Profession at a Glance
Bailiffs make sure that the law is taken seriously. A large part of their job is to “enforce the law”. This means, for example, that bailiffs are hired by people involved in a lawsuit to make sure that a final judgement is carried out.
A bailiff ensures that people who are required to do something at the end of a
court judgement follow the
judge’s
orders, even if they don’t want to! To do this, the bailiff may collect money from uncooperative individuals or take away some of their property, so that the other party in the case gets what is owed.
Bailiffs are also called on, often by lawyers, to deliver important legal documents, such as
divorce papers, eviction
notices and orders to go to court. During a criminal
trial for example, a bailiff
will deliver documents that inform people that they have to appear in court. The on-time and careful delivery of these documents is a crucial part of the legal process.
To learn more about bailiffs’ work, click through the tabs above.
Job Description
Bailiffs are called upon by lawyers and other clients to perform work in 4 areas: delivering legal documents, executing court judgements, writing certified reports and recovering money owed.
Delivering Legal Documents
Bailiffs are hired by lawyers and other clients to deliver copies of legal documents. For example, a bailiff can deliver a subpoena, which is a legal document requiring someone to testify as a witness in court.
People use bailiffs to deliver legal documents because it’s the best and most official way to prove to the court that the documents were delivered and received by the person who was supposed to get them. This prevents people from claiming that they didn’t know about a lawsuit because they never received the legal document mailed to them.
Ideally, the bailiff delivers documents directly to the person to whom they are addressed, but the documents can also be left with someone who lives at the same address, or at a person’s workplace, and the court will consider this proper delivery. The documents must be in a sealed envelope to protect confidentiality.
Executing Court Judgements
When a judge decides a case, it is the bailiff’s job to make sure the judgment is respected. Bailiffs “execute” judgements to force people to follow what has been ordered by the court. For example, a judgment might order one person to pay money. If a person refuses, it is up to the bailiff to collect the money. If the person does not have the money, then the bailiff has to take some of his property and sell it to pay the debt. Bailiffs can take away your car, jewellery and big-screen TV!
A bailiff can also be hired to remove people from an apartment if they refuse to pay their rent. If required by a court judgment, bailiffs will even lock down a car with clamps so it can’t be driven. They basically do what is needed to execute a judgment. It’s their role to make uncooperative people respect the law!
Writing Bailiff Certified Reports
Bailiffs are sometimes asked to write “certified reports”. To write these reports, a bailiff visits a place and observes what is happening, or takes notes on what a place looks like. For example, a bailiff might be asked to report on whether neighbours are making too much noise, whether an apartment is falling apart, whether a spouse has moved out of a house and left all of the furniture but taken the prized chandelier that came with the house. These are just a few of the many things a bailiff might be asked to look into.
A bailiff’s certified report can be used as proof during a hearing. Bailiffs must remain neutral and fair to both parties because their reports are relied upon as evidence in court.
Collecting Money
In some cases, a person may be owed money by someone else, and she may want to claim this money without going to court. The person could hire a bailiff to collect the money if it is difficult for her to do this on her own.The bailiff goes directly to the person who owes the money and tries to get that person to pay.
Where do bailiffs work?
Bailiffs often work in a shared bailiff’s office. They leave the office during the work day to do the different parts of their job, which makes sense, since they need to travel around the city to deliver documents, visit buildings and get people to obey court judgements. Bailiffs often need a driver’s and a car sine they have to cover a lot of ground each day.
Training
In Quebec, bailiffs must be a member of the “Chambre des huissiers de justice du Québec“ (a professional association of bailiffs), and have a work permit from this organization. To qualify for membership, you must complete a college dipoma (a DEC) in paralegal technology (techniques juridiques in French). This diploma usually takes 3 years of full time study.
O’Sullivan College of Montreal offers this program in English. More detailed information about this speciality is also available on the
Inforoute FPT website.
Eight CÉGEPS offer this program in French. A list of professional training centres and other institutions that offer this speciality in French is available on the
Inforoute FPT website.
You can also become a bailiff with a university degree in law.
Once you have finished your college or university studies, you must complete a 4-week course given by the Chambre des huissiers de justice, and do 6 months of professional training supervised by a bailiff. You must also pass an exam set by the Chambre des huissiers de justice. The Chambre requires that all bailiffs have sufficient knowledge of French. Classes, textbooks and the exam are in French, but you have the option of writing your exam answers in English.
According to the Chambre, the average age of bailiffs in Quebec is approximately 40 years old. This means that recruitment of new bailiffs is very important for the future of the profession. More information about the training required and the work done by bailiffs, is available on the
Chambre des hussiers de justice du Québec website (in French only).
Useful High School CoursesThe following courses could help you prepare for a future as a bailiff:
- History and Citizenship Education
- Ethics and Religious Culture
- English Language Arts
- French as a Second Language
Speak to your guidance counsellor to see if there are other courses offered at your school that could prepare for this career.
Are you right for the job?
Interested in becoming a bailiff? Check out this list of skills and learn how to develop them.
Diplomacy
Since bailiffs often have to work with people in difficult situations, they have to be diplomatic, tactful, and impartial.
You have what you need to succeed if:
- You know how to give someone constructive criticism without hurting his or her feelings.
- You know how to keep sensitive information private and don't spread rumours.
- You are known for being polite to everyone.
To develop these skills, you can:
- Take an etiquette class to better understand social rules, good manners and politeness.
- Make a habit of choosing your words carefully before presenting ideas about sensitive subjects.
- Take advantage of opportunities to act as a host or hostess for school events.
Respect for the Rules
Bailiffs must read and write reports, deliver legal documents, reclaim owed money, etc. They have to have an excellent understanding of the rules in order to do their job properly.
You have what you need to succeed if:
- You always arrive on time for appointments and classes.
- You respect the rules when you are playing a game and don’t cheat.
- You are disciplined when it’s time to study and you don’t waste time.
To develop these skills, you can:
- Register for an activity that requires you to be disciplined and follow certain rules, such as a sports team.
- Always read and understand the directions your teachers give you before starting your work.
- Find a recipe for your favourite food and follow the directions for making it.
Firmness
Evicting people who are not paying their rent or dealing with an angry driver whose car has just been locked up is not always simple. Not matter what, however, bailiffs must act confidently and not lose sight of the job they have to do.
You have what you need to succeed if:
- You can defend a very controversial position during a discussion, even if all your friends disagree with you.
- You are clear with your feelings when you are not happy with certain situations, such as when someone shows up late for a meeting.
- You know how to keep control of the situation and be firm about the rules when you are babysitting.
To develop these skills, you can:
- Work with children as an assistant coach or become the referee of a sport.
- Get in the habit of staying firm in your decisions and ideas.
- Establish a budget for the next year and stick to it despite the temptation to spend, with the goal of saving and buying something you really want.
Emotional Control
People are not always happy when they find a bailiff knocking at their door. Bailiffs must be able to stay calm and not react to what is being said to them even if it is difficult at times.
You have what you need to succeed if:
- You don’t react violently when provoked.
- You maintain your concentration in stressful situations, such as when you are studying the night before an exam.
- You help other people resolve conflicts without getting emotional.
To develop these skills, you can:
- Learn stress management techniques, like taking deep breaths.
- Get in the habit of telling your problems to a friend rather than bottling up your frustrations.
- Practice a martial art, yoga or any sport that helps you get rid of stress.
Did you know?
- The saying “you’ve been served” refers to the moment a bailiff delivers a legal document at the beginning of a lawsuit. The document can be an order for someone to appear in court.
- The average age of bailiffs in Quebec is 40, which means there is room for new bailiffs to enter the profession.
- You can send a bailiff to try to collect money owed to you if you are not having success on your own.