What does a bailiff do when you're not home?

It's a situation you'd rather not find yourself in: you hear that the bailiff came by, but you weren't home. Perhaps you later found an envelope in the mailbox, or heard about it through your neighbors. The question then becomes: what does this mean for you and what should you do now?

Many people think that a closed door slows down or even stops the process. Unfortunately, this is not the case. The law expressly takes into account the scenario in which you are not at home.

In this explanation you will read:

• Why a bailiff will visit you
• What a bailiff may do when you're not at home
• What consequences your absence will have
• How to regain control of your financial situation

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A bailiff never just shows up. He or she is a public official and always works on behalf of a creditor or government. Often you are already in an advanced stage of a collection process.

1. Serving a writ
   The most common reason for a visit is to serve a writ. This is an official document, such as a summons or judgment. Only a bailiff may personally serve this on you. From that moment on, it is established that you are aware of a legal action.
2. Service of a judgment or restraining order
   Have you lost a court case or have a restraining order been issued against you? Then the bailiff will come to serve the judgment. This is often the last warning before real action is taken, such as seizure.
3. Seizure of movable property
   If there is a judgment and you do not pay, the bailiff can seize items such as your car, inventory or other belongings. In some cases, this can be done even when you are not at home, with the help of the police and an assistant district attorney.
4. Eviction of a home or property
   When rent arrears are substantial, a judge may decide to evict. The bailiff then announces the date of eviction or comes to carry out the eviction. This is really the last resort.

Many people hope that a bailiff will leave unsuccessfully if the door is not opened. That sounds logical, but is legally incorrect. The law describes exactly what happens when the door is closed.

Step 1: The attempt at the door

First, the bailiff simply rings the doorbell. If no one answers, he tries to assess whether someone is home. He may not peek inside in an improper manner, but does watch for signs of occupancy.

Step 2: Contact with neighbors (if necessary).

Sometimes the bailiff briefly asks your neighbors for information. He does this not to put you in a bad light, but to check whether you really live there or are away for a longer period of time, for example on vacation. This falls under his duty to investigate.

Step 3: Payment by mailbox

Are you not at home? Then the bailiff may put the writ in a sealed envelope in your mailbox. According to article 47 of the Code of Civil Procedure, this counts as an official delivery. From that moment on, all legal deadlines start running, even if you don't open the envelope until days later.

Step 4: Locksmith and police in case of seizure or eviction

Does it involve attachment of your contents or an eviction? Then the bailiff often returns with a locksmith and an auxiliary prosecutor, usually a police officer. In that case, they may enter your home without your permission. This usually happens only after several contacts have been made and there is a judgment.

Not being home may seem like a way to postpone the situation, but in practice it often makes everything more complicated and expensive.

• Deadlines just start running
  Is there a subpoena in the envelope? Then it states the date on which you must appear in court or respond. That date does not change if you read the letter three days later.
• Extra costs pile up
  Every time a bailiff has to visit again, such as for garnishment with police or for an eviction, extra costs are added. These Btag costs are added to your debt.
• Big Financial Surprises
  If you don't open or miss your mail, you could suddenly find yourself facing a bank attachment or wage garnishment. Then you don't notice it until your bank account is (partially) frozen or your pay drops. Often warnings had already been sent by then that you didn't read.

In short, a closed door does not protect you. Instead, it increases the likelihood of nasty surprises.

Even if the bailiff has already been and you were not home, you can still take steps to limit the damage. The earlier you act, the more options you usually still have.

1. Open the envelope immediately

It is understandable that you are startled, but leaving the letter lying around will not help you. Read what it says right away. Is it about a payment, a court hearing or an announced garnishment or eviction? That way you know where you stand and what the deadlines are.

2. Contact the bailiff's office

Pick up the phone or send an e-mail. Although a bailiff works for your creditor, he or she must follow clear rules. Often there is still room for a payment arrangement or other solution, even if a writ has already been issued. Be honest about your situation and what you can and cannot pay.

3. Enlist professional help

Do you doubt whether the claim is correct? Or do you find it exciting to talk to the bailiff yourself? Then it makes sense to ask for help. At Credifin, we can look with you and advise you on your options, so you don't have to decide on your own.

4. Check Btag rates.

The fees charged by a bailiff are set by law. In 2026, the Btag rates were re-indexed. Therefore, check that the amounts on the writ match the current rules. In doubt? Then ask for an explanation or have a specialist take a look.

In any case, don't keep waiting. By taking the first step yourself, you will keep more of a grip on the outcome.