Marshals and Bailiffs: What to Do When They Tell You What to Do
Q: What is a bailiff and where would you see one?
TO: A bailiff is a court officer who can serve you a summons or escort you from jail to the courtroom and vice versa. If you are serving as a juror, the bailiff will escort you from the jury room to the courtroom and back, arrange your meals, and communicate with the judge on your behalf. To some extent, the sheriff’s duties depend on the particular county and the judge to whom he is assigned. In some counties, bailiffs work for the clerk of the courts; in other counties they work for the sheriff. They are court officials who have the power to arrest you and must be obeyed. Also, most bailiffs carry firearms.
Q: What authority does a bailiff have?
TO: A bailiff has the authority of the judge to do whatever is necessary to maintain order and uphold the law. A sheriff’s duties may include clearing a courtroom if the public becomes unruly, evicting you from your home, confiscating and selling your property, issuing warrants and subpoenas, and executing a warrant to arrest someone (most often, for failure to appear Before the court) . The bailiff can also give your employer papers to garnish your wages; the employer will deduct a portion of your wages and pay it to the court instead of giving it to you. Note that the bailiff is in charge of executing the judge’s orders and does not act out of any personal feelings against you.
Q: WWhat Should I Do If A Sheriff Serves Me A Summons To Appear In Court?
TO: Accepting that paperwork is the smartest option. Lying about your identity does not work, because the sheriff can serve subpoena documents to anyone present at a residence. From then on, everyone involved in the case will know that he lied, which will be used against him. Once you receive the notice, it is important that you obey the subpoena. If you ignore the summons and fail to appear in court, the judge can send a bailiff to arrest you.
Q: What do I do if the bailiff executes a sixteen-year warrant on my property?
TO: Sheriffs are authorized to enter your home or business and your property according to a court order, whether you are at home or not. They will always leave you paperwork indicating that they have done it and informing you of your options. One mistake many people make is failing to return “exemption” documentation that lists the property or money that the law allows you to keep. Very often, filing this paperwork can result in money being returned to you; You just 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?
TO: A bailiff can evict a person or family pursuant to a court order. The landlord 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 remove your belongings from the house and place them outside, usually in the sidewalk. At that time, it might be wise to arrange for your personal property to be moved or stored somewhere to keep it safe.