THE STATEMENT OF FACTS

In case of a legal challenge, the bailiff’s statement of facts is your best protection 

WHEN CAN THE BAILIFF TAKE ACTION ?

An individual may ask a bailiff to draft a statement of facts in the privacy of his or her own home or in a public place at any time of night or day during the week or at weekends. However, for drafting a statement of facts in a private place belonging to a third party which is or is not open to the public and without his or her agreement, the bailiff must have prior authorization of a judge and will be obliged to follow the legal hours of intervention (6am to 9 pm).

WHAT ARE THE CONTENTS OF THE STATEMENT OF FACT ?

The bailiff will give you a document called a certified report of the statement of facts, which will, if need be, include photographs and other documents of any whatever type is necessary. This document gives an objective account of the facts.
The statement of facts, a real legal “cliché” of a particular situation at a particular moment in time, is a valuable method of producing evidence, recognized the courts and the insurance companies.

IF YOU ARE BUILDING :

  • Ask a bailiff to certify the compulsory display of the building permit
  • Certify the progress made in the building work, especially in case of delays or defects or abandonment of the building work.
  • Ask the bailiff to attend the site meeting on completion of the work.

AT YOUR HOME THE BAILIFF WILL CERTIFY

  • Water damage
  • Building construction by your neighbour encroaching on your property
  • Nuisance made by local residents (plantations, noise, odours etc.)

THE BAILIFF WILL TAKE NOTE OF THE MANAGEMENT OF YOUR PROPERTY ASSETS

  • The poor carrying out of work you have had done, or non-compliance by your tenant who has sublet without consent

THE BAILIFF WILL TAKE ACTION IN FAMILY MATTERS

  • By preparing an inventory of chattels in cases of union of the couple, separation, donation or succession; to certify the refusal of your ex-partner to entrust you with the children despite you having visiting rights.

IN BUSINESS AFFAIRS THE BAILIFF DEALS WITH

  • Stock due to be destroyed
  • Unfair competition or counterfeiting by a competitior
  • Equipment defective on delivery
  • The legal conditions for holding a General Meeting : co-owners, shareholders, all types of associations etc.

YOU INHERIT A PROPERTY IN A DELAPIDATED CONDITION

Get a bailiff to certify the initial condition of the property in order to be able to prove it later (don’t forget : the tax authorities can challenge the value of the property).

Your bank can offer credit upon production of a bailiff’s statement of facts.

YOU RENT A PROPERTY

  • A bailiff will make a report of the state of the property when the tenant enters the property so as to protect the rights of the owner and the tenant.
  • When leaving the property the report drafted will, in accordance with the provisions of the law, distinguish between the damage caused by the tenant which s/he has to repair and that caused by ordinary wear and tear
  • This action will facilitate the reimbursement of the deposit.

 

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