Disciplinary law for bailiffs

What we do

If a bailiff fails to comply with the rules, a complaint can be filed. Examples include situations where the bailiff refuses to adjust the attachment-free amount, fails to stop an unjustified attachment, or charges higher fees than legally permitted. A bailiff always includes a complaints procedure to clarify how a complaint can be submitted. If the complaint to the bailiff does not lead to a satisfactory result, it is possible to turn to the National Ombudsman or the Chamber of Bailiffs.

A complaint to the National Ombudsman must be filed within one year. A complaint to the National Ombudsman can only be filed for a limited number of complaints. Following the complaint, the National Ombudsman will provide further advice and mediate with the bailiff. A complaint can also be filed with the Chamber of Bailiffs. The Chamber of Bailiffs may impose a measure or penalty on the bailiff. Such a complaint must be filed within three years.

Disciplinary law for bailiffs: the legal framework

A bailiff is a public official with special powers: issuing summonses, seizing assets, and evicting. This is balanced by strict supervision. The rules of conduct and disciplinary law are laid down in the Bailiffs Act. The central disciplinary standard is set out in Article 34 of the Bailiffs Act: a bailiff is subject to disciplinary proceedings for acts or omissions that are contrary to his official duties, and for conduct unbecoming of a proper bailiff. This open standard extends beyond merely the letter of the law; careless, improper, or unnecessarily escalating conduct can also be subject to disciplinary action.

For MKB Juristen, this framework is familiar territory. Whether you are an international group facing an incorrect attachment, an SME with a dispute regarding bailiff's fees, or the baker on the corner whose protected income was wrongly disregarded: our mixed teams of lawyers and (corporate) legal counsel assess whether the bailiff's actions stand up to disciplinary scrutiny. This subject falls under our broader expertise in Disciplinary Law.

The Chamber of Bailiffs: the disciplinary judge

Disciplinary law for bailiffs is exercised at first instance by the Chamber for Bailiffs, which is housed at the District Court of Amsterdam. The Chamber consists of appellate judges and bailiffs, ensuring that both legal and practical professional standards are taken into account in the assessment. A complaint may be lodged by anyone with an interest: the debtor, the client, a third party, or a supervisory body.

A three-year time limit applies to the submission of a complaint, calculated from the day on which you became aware, or could have become aware, of the act or omission about which you are complaining. Court fees are payable for the proceedings; if your complaint is declared well-founded in whole or in part, those court fees will in principle be refunded and the bailiff may be ordered to pay the costs. A timely and well-substantiated notice of complaint is decisive for the chance of success; we will draft this for you and monitor the deadline.

Course of the disciplinary proceedings

Disciplinary proceedings against a bailiff generally proceed as follows. The Chairperson of the Chamber may immediately dismiss a manifestly unfounded or inadmissible complaint; an appeal against this Chairperson's decision may be lodged within fourteen days. If the complaint is dealt with on the merits, the bailiff is given the opportunity to submit a statement of defence within approximately one month. This is followed by a hearing, for which the parties are summoned in good time, and subsequently a written ruling.

We assist both complaining entrepreneurs and private individuals, as well as bailiffs who must defend themselves against a complaint. For the complainant, our lawyers and legal experts draft a sharp notice of complaint and speak on their behalf at the hearing; for the accused bailiff, we build a solid defense that does justice to the practice of the profession.

What measures can the disciplinary judge impose?

If the Chamber declares the complaint well-founded in whole or in part, it may impose a disciplinary measure. The law provides for, in increasing order of severity:

• the warning;
• the reprimand;
• the fine;
• the suspension for a fixed period;
• Removal from office (the most severe measure).

The appropriate measure depends on the severity and culpability of the conduct. For a bailiff, the very practice of the profession is at stake in the event of suspension or dismissal; in such cases, a carefully constructed defense is essential.

What the disciplinary judge does not do: compensation and legal disputes

It is important to understand what disciplinary law covers and what it does not. The Chamber of Bailiffs assesses solely whether the bailiff has acted in a manner that is reprehensible under disciplinary law. It cannot award damages and does not rule on the underlying civil dispute, such as whether the claim is justified or the actual amount of the debt. For damages or a substantive dispute regarding the claim, you must go to the ordinary (civil) court.

In practice, these paths often run concurrently: an unjustified attachment or a violation of the attachment-free allowance can constitute both a disciplinary offense and provide grounds for a civil claim. Our mixed teams assess which route—or combination—will yield the best results for you, ranging from a disciplinary complaint to summary proceedings to lift the attachment.

Appeal to the Amsterdam Court of Appeal

If you disagree with the Chamber's decision, you may lodge an appeal with the Amsterdam Court of Appeal. The notice of appeal must be received by the Court within thirty days of the dispatch of the decision. The Court will re-examine the case in its entirety: all components of the complaint, facts, and defenses will be reassessed, and not just the points emphasized in the notice of appeal. This makes thorough and well-considered preparation of the appeal crucial—for both the complainant and the bailiff. Our lawyers litigate in these appeal cases and monitor the short appeal period.

Disciplinary law or National Ombudsman: which route?

In addition to the disciplinary court, you can turn to the National Ombudsman in certain cases. The Ombudsman focuses on the bailiff's conduct as a public official (official acts), advises and mediates, but does not impose binding measures. The Chamber of Bailiffs is the true disciplinary court: it can impose a measure, but does not rule on all types of complaints. Which route is appropriate depends on your goal: recognition and mediation, or a disciplinary judgment with a possible sanction. We will weigh this up with you and choose the most effective course of action.

Why SME Lawyers at disciplinary law for bailiffs

Disciplinary cases concerning bailiffs often touch upon attachment and execution law, debt collection, and the protected amount (beslagvrije voet) — cutting right through civil law. MKB Juristen works with mixed teams of lawyers and in-house counsel for clients ranging from international corporations to the baker on the corner. As a result, we can handle not only the disciplinary complaint or defense but also the subsequent civil steps, such as lifting an unjustified attachment or recovering damages. This subject is part of our Disciplinary Law; within that domain, we also handle disciplinary law for lawyers, disciplinary law for notaries , and disciplinary law for accountants.