Bailiffs

The bailiff compulsory executes execution documents. Execution documents are judicial decisions and other documents that can be taken on compulsory execution without starting a court case: different administrative legislations (such as tax arrears, parking tickets) and also some contracts (contracts approved by notarys in which both sides of the affair are obligated to immidiate compulsory execution if the requirements of the contract are not met)

The enforcement proceeding will be carried out basically under Bailiffs Act https://www.riigiteataja.ee/en/eli/ee/524032015007/consolide/current and Code of Enforcement Procedure https://www.riigiteataja.ee/en/eli/ee/516092014002/consolide/current in Estonia. You may freely choose bailiff for proceeding your claim from this Estonian region, where the debtor or one's assets are locating (e.g. Harju working area). You can find bailiff's bureaus contacts from here http://www.kpkoda.ee/content/avaliku-poole-lingid/contacts. Normally, the debtor has to cover all expences concerning to the enforcement proceeding, but the bailiff has the right to ask advance payment of bailiff's fee from the claimant.

By sending the enforcement document (court's verdict) to the bailiff, please add also the signed application for enforcement proceeding. Please find the formula of the application from below of this chapter.

Usually compulsory execution means recovering property (the bailiff attaches and sells the obligor’s assets), but it can also comprise evicition, removal and returnal of child from parent etc.  When the person doesn’t want to comply with juidical decisions or other execution documents, then he or she must pay the bailiff´s fee and compensate the expenses.

Everyone has the right to receive information about the executive actions which are used to accept the claims against the person.

In Europe, the bailiffs are usually working in public institutions or are freelancers. In Estonia, the occupation of a bailiff is, similarly to the occupations of notary and sworn translator, freelance, which means that a bailiff isn’t a economic operator or a national official. This has two advantages: the State doesn’t have to spend taxpayers money for compulsory execution (bailiffs manage themselves with the resources coming from obligors´ claims)  and bailiffs are more motivated (that is also seen in Estonia – as soon as freelance bailiffs started working, the quality of compulsory execution improved drastically)

After a meticulous control (candidate service, exam, competition) the bailiff opens a bureau where he/she acts on his/her own responsibility and under his/her name. The State doesn’t pay to the bailiff nor takes responsibility for his/her actions. To lower the risks, the bailiff must have a liability insurance

Occupational Union Assembly of Bailiffs':

1)      elects, and when needed, calls back the Bailiffs’ Occupational Unionboard before the deadline;

2)      elects two bailiffs to participate in the audit committee’s work;

3)      elects three bailiffs to participate in the court of honour’s work;

4)      elects one bailiff to participate in the examination board’s work;

5)      establishes the size of bailiffs’ membership fee;

6)      establishes good traditions of the bailiffs’ occupation;

7)      gives instructions to equalize bailiffs’ practice of occupation;

8)      decides other questions asked in the law and in the Chamber’s statutes.