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Urgent advice needed-Bailiffs
Do Huissier de Jutices (aka bailiffs) have a right to forced entry into my house to itemise my belongings(accompanied by two other men; policeman and smiling witness) for what they believe to be an unpaid tax bill (my husband's and not mine)?I received no warnings and own half the house and possessions. Felt extremely intimidated and afraid as woken up by knock on door and not allowed to even change into day clothes while the three men pushed their way into my house. I said they couldn't come in (wanted to cotact a lawyer/my husband first) but they did anyway. Also, when I got to the door they were actually about to break the lock . Took picture of them in my house but was ordered to delete it. Was told by bailiff in perfect english that he was under no obligation to explain the procedure to me in English. Does anyone know what my rights are in this case? Trying to call the free legal advice line but it's constantly engaged. Am very shaken by this ordeal.
yes they have every right. if it has got this stage there will have been a court hearing that you will have been informed about by registered letter. You need to negotiate a repayment plan.
It is frightening and yes some of them are right bastards.
Unless you have a marriage contract what is legally yours is also your husband's and vice versa
There must have been a formal letter received for the Huissier de Jutices to appear at the door in this manor.
Once they are called, they have every right to demand entry to any building at any hour.
You are saying that the debt has now been sorted, however you may yet receive a bill for the Huissier de Jutices appearance!
You can try contacting Test-achat there have been several similar incidents as yours: http://www.test-achats.be/famille-prive/nc/dossier/au-secours-une-lettre...
If a judge agreed for the bailiffs to come in your home, there is nothing you can do... You must have had reminders of the unpaid tax bill. Check with your husband... They don't joke around in Belgium when you owe money.
I cannot give you advice but can tell you what happened to me. Separated from husband, joint owner of house where I live, husband had forgotten to pay some tax bill. I was not present when the huissier came, he just left the letter in my letter box. Husband did not pay for a while - "too busy" - and I emailed the huissier a few times to keep him up to date. All quite friendly and bill was paid in the end, including massive fine. Huissier said that without a ruling from a court they cannot take anything from me. I also googled (in FR and NL) and it appears that some of these Belgian outfits (huissiers are independent and self-employed) are quite ruthless and are operating somewhat close to outside of the law.
Belgian policemen: try to be friendly and polite with them. Ask them to give you their names.
It has to be added that the huissiers themselves also are exposed to violence and aggression. As others have said, normally there is quite a procedure (various official notifications and a court ruling) before they can enter your home and take away some of your belongings. They are certainly not obliged to explain anything in a foreign language. And yes, a joint matrimonial property regime has its drawbacks.
