Q: What is a bailiff and where can I see one?
HAS: A bailiff is a court officer who can serve you a summons or escort you from jail to the courtroom and back. If he is serving as a juror, the bailiff will escort him from the jury room to the courtroom and back, arrange his meals, and communicate with the judge on his behalf. To some extent, the duties of the sheriff depend on the particular county and the judge to which he is assigned. In some counties, sheriffs work for the clerk of courts; in other counties they work for the sheriff. They are court officers who have the power to arrest you, and they must be obeyed. Also, most sheriffs carry firearms.
Q: What authority does a bailiff have?
HAS: A bailiff has the authority from the judge to do whatever is necessary to maintain order and enforce the law. A bailiff’s duties may include clearing a courtroom if the public becomes unruly, evicting you from your home, seizing and selling your property, issuing warrants and summonses, and carrying out a warrant for someone’s arrest (most of the time, for failing to appear in court) . The sheriff can also serve your employer with papers to garnish your wages; the employer will then deduct part of the wages from him and pay it to the court instead of giving it to you. Keep in mind that the bailiff is charged with carrying out the judge’s orders and is not acting out of any personal sentiments against you.
Q: WWhat should I do if a bailiff gives me a summons to appear in court?
HAS: Accepting that paperwork is the smarter choice. Lying about your identity does not work, because the sheriff can serve subpoena papers on anyone present at a residence. From then on, everyone involved in the case will know that you are lying, which will be used against you. Once you receive the notice, it is important that you obey the summons. If you ignore the summons and do not appear in court, the judge can send a bailiff to arrest you.
Q: What do I do if the sheriff executes a court order to seize my property?
HAS: Sheriffs are authorized to enter your home or business and seize your property pursuant to a court order, whether you are in your home or not. They will always leave paperwork stating that they have done so and informing you of your options. One mistake many people make is not returning “exempt” paperwork that lists property or money that the law allows you to keep. Quite often, filing this paperwork can result in money being paid back to you; you only have to complete the forms and return them to the court clerk’s office in a timely manner to qualify for the return of your exempt property or money.
Q: What should I do if a bailiff comes to evict me?
HAS: A sheriff can evict a person or family by virtue of a court order. The owner or landlord will provide the labor to do the actual move and will usually have a locksmith available to open the door and movers who will take your belongings out of the house and place them outside, usually in the pavement. It may be prudent, at this time, to arrange for your personal property to be moved or stored somewhere to keep it safe.