A bailiff plays an important role in legal proceedings, particularly in serving writs. A writ is an official document used to serve summonses, judgments, or notices, for example. Strict requirements apply to the legal validity of a writ. In this article, we explain these requirements and the potential consequences of an incorrectly drafted writ.
What is a writ?
A writ is a written, official notice from a bailiff to a person or party. This may include:
- Summons : a call to appear before a judge.
- Service of a judgment : notification that a judicial decision must be complied with.
- Reminder or order : for example when collecting a debt.
The writ has legal evidentiary value and must meet specific legal requirements.
Requirements that a writ must meet
According to Article 45 of the Code of Civil Procedure, a writ of summons must meet the following conditions:
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Identification of parties
- The full name, address, and any other identifying information of the plaintiff (the person on whose behalf the writ is being served) and the defendant (the person to whom the writ is being served).
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Role of the bailiff
- The name, address and signature of the bailiff must be clearly stated.
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Date and place
- The exact date and place of the preparation and service of the writ must be included.
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Description of the contents
- The writ must contain a clear and comprehensible description of what is being served, for example a summons or judgment.
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Service according to the rules
- The writ must be served personally on the defendant. If this is not possible, it can be left with a housemate or neighbor (with permission), or in a sealed envelope in a visible location at the address.
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Legal clauses
- The writ must contain the legal basis, such as the statutory provisions on which the action is based.
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Correct service period
- In the case of a summons, there must be a minimum period (usually seven days) between the moment of service and the hearing.
Consequences of errors in the writ
A writ that does not comply with legal requirements can have serious consequences, such as:
- Nullity of the writ : The document is declared invalid, which may delay or even terminate the legal proceedings.
- Damage claims : The bailiff can be held liable for any damages.
- Appeal or opposition : The recipient may object to the procedure on the grounds of an incorrect or unclear writ.
Rights and obligations of the bailiff
The bailiff is obligated to act carefully and impartially. They must also comply with the Code of Conduct and Professional Conduct for Bailiffs and may not charge excessive fees.
As a recipient you are entitled to:
- Correct and timely service of the writ.
- Inspection of the contents of the writ.
- Possibility to object in case of errors or misuse.
Conclusion
The writ of execution is a crucial legal document that must meet strict requirements. Errors in drafting or service can have significant consequences for the legal proceedings. If you receive a writ that seems unclear or incorrect, contact a legal advisor immediately.
