Stopping bailiffs with an Injunction or Restraining Order

You can only stop enforcement action if that action is unlawful.

This can be because (for example, this list is not exhaustive):

• The enforcement is non-compliant with the law
• You are a victim of enforcement action about someone else's debt
• A debt in your Ltd company name is being executed against you personally
• The bailiff is seeking to recover unpaid fees
• You need to recover an unlawfully taken vehicle or goods

If any of the above is true, and the action is causing you undue anxiety, distress or adversely affecting your health, then you can make an application for a restraining order under Section 5 of the Protection from Harassment Act 1997.

In the first instance, you need to run an enforcement compliance check and email yourself the resolution advisory setting out which laws the enforcement action is non-compliant with, then return to this page.

You can either contact me and instruct me to draft your application and/or further instruct me to present the application before the court.

Alternatively, you can make your own application at court.

Using Court Form N208, give:

• Your reasons, including what legislation the enforcement action is unlawful under, and
• Say what you want the creditor or council's bailiff to do, or stop doing

An injunction or restraining order can be made on an emergency ex-parte basis. This means neither the bailiff nor the creditor or council knows you are seeking the order until after it has been granted. They only learn about it when you serve it on them.

When you have completed Part 8 form N208, go in person to a county court and ask the court manager if a judge is available to hear your application there and then. Once granted, you serve copies of the sealed order on the creditor and the bailiff company.

When completing the form, always apply for your costs.

If the creditor or council and the bailiff company fail to comply with the terms of your order, they will be guilty of Contempt of Court which is a criminal offence. You can lay a complaint before a magistrates court for the breach or report them for the offence.