Bailiff Enforcement Against Debtors Abroad

Enforcement is only possible against debtors in England and Wales. Even if the debtor has goods in England and Wales while living or working abroad, enforcement can still fail because the debtor must be given a Notice of Enforcement and other statutory notices depending on the type of debt.

If the debtor can substantiate that the Notice of Enforcement was served after they had left the country, the notice delivery may be deemed invalid under the test outlined in section 7 of the Interpretation Act 1978. In such a case, the debtor has the right to apply to stop the enforcement.

The enforcement agent or his office can give a Notice of Enforcement by email or other electronic communication if it includes the required information, which is allowed under regulation 8(1)(b) of the Taking Control of Goods Regulations 2013.

Different types of debts require additional notices to be given to the debtor before instructing bailiffs.