Bailiffs and Court Officers: What to Do When They Tell You What to Do
Q: What is a sheriff and where can I see one?
IN: A bailiff is a court officer who can serve you with a summons or escort you from jail to the courtroom and back. 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 which he or she is assigned. In some counties, bailiffs work for the clerk of courts; in other counties they work for the sheriff. They are officers of the court who have the power to arrest you, and they must be obeyed. Also, most bailiffs carry firearms.
Q: What authority does a bailiff have?
IN: A bailiff has the authority of 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 citations, and carrying out an arrest warrant for someone (most times, for failing to appear in court) . The bailiff can also serve your employer with documents to garnish your wages; the employer will then deduct part of your salary 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 feelings against you.
Q: WWhat should I do if a bailiff serves me with a summons to appear in court?
IN: Accepting that paperwork is the smartest choice. Lying about your identity doesn’t work, because the bailiff can serve citation papers on anyone present at a residence. From then on, everyone involved in the case will know that you lie, which will be used against you. Once you receive the notice, it is important that you obey the citation. If you ignore the citation and do not appear in court, the judge may send a bailiff to arrest you.
Q: What do I do if the bailiff executes a court order to seize my property?
IN: Bailiffs are authorized to enter your home or business and seize your property in accordance with a court order, whether or not you are in your home. They will always leave paperwork indicating that they have done so and informing you of your options. One mistake many people make is not returning “exemption” paperwork that lists property or money that the law allows you to keep. Quite often, filing this paperwork can result in money being returned to you; You just need 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 money or property.
Q: What should I do if a bailiff comes to evict me?
IN: A bailiff 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 move your belongings out of the house and put them outside, usually in the sidewalk. It may be prudent, at that time, to arrange for your personal property to be moved or stored somewhere to keep it safe.