Execution order: What to do in case of errors?


Questioner

Today my daughter received a writ of execution from the bailiffs. In this writ the amounts were crossed out with a correction roller and corrected with a pen. I called about this and was told that this is legally valid. This way anyone can change the amounts, I expect an official document not to be tampered with clumsily. Should one accept this or can one expect this kind of institution to deal professionally with these kinds of matters,

Lawyer

I can imagine that it seems clumsy, but writs of execution that contain obvious spelling errors may be corrected by the bailiff. This may be the case in this instance. Incidentally, I think the question of whether there was reason to issue a writ of execution because she did not pay on time is much more important. In addition, it is important whether the amounts that have now been corrected are correct. However, if all of that is correct, there is no reasonable chance of success in taking further action.

Lawyer

This is done correctly. It is no less legally valid. As long as the correction is approved and signed for. It is professional. You understand something different by that and I understand that, but that has more to do with aesthetics.

Lawyer

Many a bailiff's document contains a hodgepodge of typed text, stamps, handwritten additions and deletions. Such a hodgepodge is indeed not really easy to read... Sometimes it cannot be helped, because the bailiff simply does not have all the facts available at the same time. Various facts are then added later. That does not affect the legal validity of the document: read it carefully and take action. Do not put it aside because you think it is clumsy.

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