Bailiffs

A bailiff performs compulsory execution of execution documents. Execution documents are court decisions and other documents which can be enforced by way of compulsory execution without bringing a case: various administrative acts (incl. tax arrears, parking tickets) as well as some contracts (incl. notarised contracts where the parties undertake to subject to immediate compulsory execution should they fail to perform the contract).

Usually, compulsory execution means collection of proprietary claims (the bailiff seizes and sells the debtor's property), but it may also mean eviction from a dwelling, removal and return of a child, etc. If a person does not want to abide by a court decision or another execution document, he or she must pay the bailiff a bailiff's fee and execution costs.

In Europe, bailiffs are usually either state-paid or freelancers. In Estonia, the profession of a bailiff is, as from 2001, a liberal profession similar to notaries and sworn translators, i.e. a bailiff is not an entrepreneur or a civil servant. The institution of the freelance bailiff has two advantages: the state does not have to spend taxpayer money on compulsory execution (bailiff's earn their income from sums collected from debtors) and bailiffs are more motivated (this is shown by Estonia's experience – when freelance bailiffs began working, the quality of compulsory execution improved considerably).

After thorough inspection (candidate service, examination, competition) a person appointed bailiff will open an office, where the bailiff will act on his or her own behalf and responsibility. The state does not pay a bailiff any wages or bear liability for the bailiff's actions. For hedging risks, a bailiff must have liability insurance. A bailiff differs from a member of the liberal profession in terms of the fact that primary professional acts and decisions must be made personally – they cannot be delegated to employed assistants.

The territorial jurisdiction of a bailiff is the territorial jurisdiction of the county or city court. The territorial jurisdiction of several county or city courts may be joined and placed in the territorial jurisdiction of one bailiff by the Minister of Justice.

The professional acts of a bailiff can be contested by a complaint. If a person does not agree with a bailiff's decision regarding satisfaction or denial of a complaint, he or she can appeal against the decision to the court.

Supervision over the activities of the bailiffs of the territorial jurisdiction of a court is exercised by the chairman of the county or city court and supervision over the activities of all bailiffs shall be exercised by the Minister of Justice.

After taking a respective examination a bailiff has the right to act as a trustee in bankruptcy.

People can access the information concerning their execution matters on the Internet through the citizen portal, using an ID card or an Internet bank.