What is a bailiff?
A court bailiff is an official appointed by the Crown with statutory powers that a collection agency and an ordinary lawyer do not possess. The terms bailiff and court bailiff mean the same thing — in the Netherlands, every bailiff is a court bailiff.
What distinguishes a court bailiff is their exclusive authority to perform official legal acts: serving summonses, serving judgments, and seizing assets and income. A debt collection agency is not permitted to do this. A lawyer may not issue summonses independently—that is done by the bailiff. Only after a judgment has been won can the bailiff proceed with execution.
What does a bailiff do?
The duties of a bailiff are defined by law. In the debt collection process, the bailiff has three main roles.
In the out-of-court process, a bailiff can perform the same duties as a collection agency: sending reminders and demand letters, making telephone contact, and negotiating payment arrangements. A letter from a bailiff carries extra legal weight because the recipient knows that the bailiff can take immediate action.
In the judicial proceedings, the bailiff personally serves the summons on the defendant. Only a court bailiff is permitted to do this—not a collection agency or lawyer. After the hearing, the bailiff serves the judgment on the debtor and issues a two-day payment order.
During the enforcement phase, the bailiff seizes the debtor's assets and income by way of enforcement if the debtor fails to pay even after the judgment. The bailiff recovers the seized assets through an enforcement sale or auction and transfers the proceeds to the creditor.
Which assets can the bailiff seize?
With an enforcement order, a bailiff can seize virtually all of the debtor's assets: bank accounts, real estate, vehicles, machinery, inventory, shares, and claims against third parties.
For private debtors, an attachment-free amount applies — a minimum amount that the debtor must be able to retain for their livelihood. Some goods may never be seized, such as a bed, clothing, and basic foodstuffs.
In third-party attachment, the bailiff seizes claims that the debtor has against a third party—his employer, customer, or tenant. That third party receives an order to transfer the amount not to the debtor, but directly to the creditor.
When do you engage a bailiff?
You need a bailiff in three situations.
Firstly, if you wish to initiate legal proceedings. The bailiff draws up the summons and serves it personally on the defendant. You cannot issue a summons without a bailiff.
Secondly, if you wish to enforce a judgment you have won. The bailiff serves the judgment, issues a two-day payment order, and seizes assets if payment is not made.
Thirdly, if you wish to convert a provisional attachment into an executory attachment following a successful judgment. This is handled through the bailiff after service of the judgment.
Bailiff versus collection agency
In the out-of-court phase, a collection agency and a bailiff are allowed to do the same thing: send reminders, make phone calls, and negotiate. The difference lies in what can happen afterwards.
A debt collection agency has no legal authority. It may not issue a summons, seize assets, or serve a judgment. If the out-of-court process fails, the case file must be transferred to a bailiff or lawyer.
A court bailiff can take immediate action if the out-of-court process yields no results — from demand letter to summons to seizure, without transfer of the file.
MKBjuristen arranges the bailiff for you
You do not need to search for or manage a bailiff yourself. MKBjuristen has direct lines to specialized bailiffs and arranges their engagement for you — at the right moment in the process. You remain with a single point of contact, from the demand letter to execution.
