QUESTION: Dear Legal Wiz,
You assisted my ageing grandaunt some time ago to get an order for the recovery of her house, plus rent payments in the Resident Magistrate court. You did tell us to go to the Bailiff’s office to get assistance once we cleared the check for the monies that were owing. My grandaunt said you took her to the office and introduced her to the manager there. The thing is she decided not to spend so much money with them, and asked one of the other men on the property who said he was a bailiff to get rid of the girl who did not want to leave.
My grandaunt is now telling me that all this bailiff did was to open the house remove a few things and after watching she and her son take a few other things, changed the locks. She asked me to talk to you because there is still a lot of items belonging to the girl that the bailiff did not take out, and she wants to move in. Can you and your team help us again?
RESPONSE: Dear Tanya,
Your situation is understood, but unfortunately our team will not be available to assist you further. The man who assisted you was not a bailiff authorised to clear out any house especially after an order for recovery through the court. As explained to your aunt, she can be sued if the girl decides to show up for her things that are left, and find herself in trouble for things already removed by the man posing as a bailiff. The situation is the neighbourhood police were a part of the process, and did also agree to give further physical assistance.
It is our understanding that even though the police escorted your grandaunt, and the National Housing Trust was also appraised of the situation, your grandaunt lost patience and went to the Bailiff against all recommendations.
Please note that of the two types of bailiffs in Jamaica, only one is authorised to carry out evictions and once an order is obtained through the Jamaican Court.
To avoid any wranglings with the law, the Legal wiz team cannot assist further beyond seeking intervention from the Bailiff office. However I am sure you will need to pay the monies originally charged to carry out a proper eviction. It is recommended that a report is made to the Police and to the court.