2021: the days when a bailiff doesn't work

 

2021: the days when a bailiff doesn't work


A bailiff may not perform official acts 24/7. In this blog I explain what official acts are and on which days the bailiff is not allowed to perform them.

Employment Acts

A bailiff can perform official acts and other acts. Article 2 of the Judicial Officers Act states what official acts are :

  • serving subpoenas and other services pertaining to the commencement of proceedings or the instruction of proceedings;
  • making judicial notices, announcements, protests and further writs;
  • evictions, seizures, foreclosures, hostage-takings and other acts, belonging to or required for the execution of enforceable titles or for the preservation of rights;
  • making protests of non-acceptance or non-payment of bills of exchange, order notes and the like and drawing up a deed of intervention at the foot of the protest;
  • the official supervision of voluntary public sales of movable tangible property by auction, by auction and discount, or by discount.

Activities that are directly related to the activities mentioned above are also designated as official acts.

Limits

A bailiff may not perform official acts 24/7. A bailiff may only perform official acts between 7 a.m. and 8 p.m. Certain days are also excluded.

In principle, a bailiff may not perform official acts on Sundays and generally recognized public holidays. The generally recognized public holidays are: New Year's Day, Easter Monday (Easter Monday is always a Sunday), Whit Monday (1st Whitsun is always a Sunday), Ascension Day, King's Day (April 27), Liberation Day (May 5) and Christmas and Boxing Day (25 and Dec 26).

In addition, a number of days can be designated as 'assimilated days'. For example, Good Friday is an assimilated day every year and in 2021 Good Friday falls on April 2. In 2021, only 14 May will be equated with a generally recognized public holiday.

Other actions and exceptions

The bailiff is therefore not allowed to perform official acts on all these days. That doesn't mean he doesn't do anything at all. He is allowed to perform activities that are not regarded as official acts. You can think of serving a summons writ and the termination of a lease.

A second exception occurs if the judge gives permission to perform an official act. A first example is summary proceedings so urgent that the summons must be served on Sunday. A second example is that a prejudgment attachment must be made on Liberation Day, because the aircraft you want to seize is only in the Netherlands that day.

Overview 2021

In 2021, in addition to all Sundays, the bailiff may not perform official acts on:

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