Walking possession
Encyclopedia
Walking possession refers to the legal practice in the United Kingdom
under which a bailiff
takes possession
of the goods of a defaulting debtor
, but does not remove the goods.
After a bailiff has gained peaceful entry to the premises of a debtor, the bailiff may seize any of the debtor's goods that are found on the premises (except for certain categories of goods, such as tools of the debtor's trade
). After gaining entry once, the bailiff may re-enter the premises at any time, and remove the goods at any time. The bailiff may choose not to remove the goods immediately, giving the debtor an opportunity to pay the debt (plus the bailiff's costs). In the meantime, the bailiff takes walking possession of the goods. The bailiff may ask the debtor to sign a walking possession agreement, listing the goods that have been seized and acknowledging that the debtor no longer has legal title to the goods.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
under which a bailiff
Bailiff
A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...
takes possession
Distraint
Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries...
of the goods of a defaulting debtor
Debtor
A debtor is an entity that owes a debt to someone else. The entity may be an individual, a firm, a government, a company or other legal person. The counterparty is called a creditor...
, but does not remove the goods.
After a bailiff has gained peaceful entry to the premises of a debtor, the bailiff may seize any of the debtor's goods that are found on the premises (except for certain categories of goods, such as tools of the debtor's trade
Tools of the Trade
Tools of the Trade is an EP by Carcass. It was released through Earache Records in 1992 .-Track listing:-Other appearances:The EP is wholly contained on the compilation album Gods of Grind and the limited edition 2008 dualdisc reissue of Necroticism - Descanting the Insalubrious. It also appears on...
). After gaining entry once, the bailiff may re-enter the premises at any time, and remove the goods at any time. The bailiff may choose not to remove the goods immediately, giving the debtor an opportunity to pay the debt (plus the bailiff's costs). In the meantime, the bailiff takes walking possession of the goods. The bailiff may ask the debtor to sign a walking possession agreement, listing the goods that have been seized and acknowledging that the debtor no longer has legal title to the goods.