Bailiff enforcement is a last resort measure intended to collect a debt from a debtor. In some cases, the bailiff's proceedings may be flawed, and their actions may cause harm to the debtor.
Bailiff errors – what can go wrong?
Bailiff enforcement is a formalized process that requires the bailiff to comply with a number of applicable regulations. Common errors include:
- Seizure of third party property: A bailiff seized and auctioned off property that did not belong to the debtor but to a family member or other person.
- Seizure of items excluded from enforcement: By law, certain items are excluded from bailiff enforcement (e.g. household appliances necessary for life).
- Incorrect determination of the amount of the debt: The bailiff seized property with a value exceeding the actual debt.
- Incorrect valuation of property: The bailiff underestimated the value of the seized property, which resulted in the debtor receiving a smaller amount from the sale.
- Execution based on an invalid enforcement title: The debt was repaid or the enforcement title became invalid for another reason, but the bailiff nevertheless initiated enforcement.
What rights does the debtor have in the event of defective enforcement?
If the bailiff's actions are defective, the debtor has the right to file a complaint (Article 767 of the Code of Civil Procedure) against the bailiff's actions with the district court where the bailiff operates. The complaint must be filed within seven days of the date the action was performed, of which the debtor became aware. It's important to remember, however, that a complaint does not stay the enforcement process, but the court may also issue a stay of enforcement upon the debtor's request, submitted together with the complaint.
Compensation for bailiff's errors
If a bailiff's error caused damage, the debtor is entitled to compensation. According to the law, a bailiff is liable for damage caused by an unlawful act or omission .
To obtain compensation, you must prove three key elements:
- Damage – The damage must be documented, e.g. through invoices for repairing damaged property, valuations of auctioned items, or expert opinions.
- Action of the bailiff – It must be proven that the bailiff made a mistake, e.g. by seizing property excluded from enforcement.
- Causal link – It must be proven that it was the bailiff’s action that led to the damage.
How to file a claim for compensation?
A claim for compensation should be filed with a court, which will hear the case in civil proceedings. Before filing a lawsuit, it's worth trying an amicable solution and sending a demand for compensation to the bailiff.
Where to seek help?
If you feel that you have been harmed by the actions of a bailiff, you can contact:
- A lawyer specializing in civil and enforcement law.
- The Ombudsman , who may intervene in your case.
- Non-governmental organizations dealing with the protection of the rights of consumers and debtors.
Summary
Seeking compensation for a bailiff's errors is a process that requires in-depth knowledge of enforcement law and civil procedure. It's essential to thoroughly document the damage and demonstrate an adequate causal link between the bailiff's actions and the damage suffered . Failure to provide any of these elements may result in the dismissal of the claim.
A poorly executed enforcement procedure poses a serious threat to citizens' property rights. Therefore, systematic monitoring of the bailiff's actions and awareness of one's rights are crucial. In complex cases, seeking the assistance of a professional representative, such as an attorney or legal counsel, is highly recommended.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of September 10, 2025.
author:
series editor:
