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I am looking for a lawyer specialist in bailiff conduct. BC.

Customer Question
Hello! I am looking...

Hello! I am looking for a lawyer specialist in bailiff conduct

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

BC

Lawyer's Assistant: Has anything been filed or reported?

I tried Consumer protection BC but they told me to look for legal help

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I wrote a letter

Submitted: 6 months ago.Category: Canada Law
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Answered in 4 minutes by:
1/3/2018
Lawyer: Debra, Lawyer replied 6 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,594
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 6 months ago

I am sorry to hear that you are in a difficult situation from the sound of your question.

There is no such thing as a lawyer specializing in bailiff conduct.

If you provide the basic facts and then your specific question I will answer if I can. If I cannot then I will opt out and see if another expert knows the answer.

If that is not OK then I can opt out now. I can also suggest how to find your own lawyer in BC.

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Customer reply replied 6 months ago
Fine. I wrote a letter with all the facts. I have questions that need a lawyer answer. How do I start?
Customer reply replied 6 months ago
No. I prefer to send my letter and receive a written answer
Lawyer: Debra, Lawyer replied 6 months ago

Please just provide me with the facts.

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Customer reply replied 6 months ago
In your experience, what is the lawyer's advise on this particular case?Good day:
As I feel I was evicted illegally from my business and my claim against my landlord exceeds the $35,000.00, I fall outside Small Claims Court; but I want to take to Small Claims Court bailiff company to help me pay for expenses towards taking my ex-landlord to Court.Presented with the following information, I would like to ask: on BC,
-what are my chances to succeed on bailiff company paying damages up to $35,000?
-Furthermore, by taking bailiff company to Small Claims Court, and noting that I, under any circumstance, want to compromise or hurt my future case with my ex-landlord, by suing bailiff, Do I hurt my future claim by taking the bailiff company to Small Claims Court?
And if I can take it to Small Claims Court, how long in time I have to do so?On November 29, 2017, Consumer Protection BC, answered me: Thank you for reaching out to Consumer Protection BC. Our organization is responsible for overseeing certain consumer protection laws in British Columbia, and we can also act as step on your path to a solution.
 I have taken a closer look at the documentation you provided, and I am able to confirm that because the bailiff is enforcing an lease and not attempting to collect payment, your case falls outside of our jurisdiction.
 If you feel you have been evicted from your business illegally, you will have to seek legal counsel or take the landlord to Small Claims Court.
Kind regards.As I want to take bailiff company to Small Claims Court, I am directing myself with you as the Consumer protection BC answer does not clarify me if the bailiff company is not liable at all.In general, these were the facts presented to Consumer Protection BC:
On July 2017, a person, an agent for the bailiff company, designating himself as a bailiff and whom never identified, informed me that my managers terminated my lease. Bailiff himself posted the notice the day he evicted me; and as per his words, that I should leave.As the alleged breach of the lease was a non material breach, I was not expecting it, I was completely taken by surprise when I was informed I should leave. I had no idea what my ex-managers were preparing for me.
Later, after this very traumatic eviction finished, it is my understanding that:
-My Notice of Termination is dated on day 21, although, to be noted, I never received that notice but until the Notice of Change of Locks was given to a surprised me, outside my locked business, on the day 26.-When later I could ask the bailiff for a Writ of Possession his answer was that ''we don't need that''. That was misleading information that affected my rights at that moment as it leaded me to believe I did not have rights when in fact, for a non material breach, it is required a Writ of Possession; but-It is a fact that in my lease there is a clause where my landlord specify that his representatives can do and act a their ''sole discretion''.-But, bailiff failed in verifying that my then managers legally notified me with the notice of re-entry at least 5 days before the change of locks happened. The bailiff took no reasonable steps to confirm I was legally informed, neither he cared when I expressed I was not aware of the termination of the lease, least the change of locks by the bailiff, and with this, failing section 115(1)-My ex-managers applied the ''self help remedy'' tactic to my contract even though I had no debt with them; furthermore, the bailiff initiated a verbal communication with me the very same day the collectors (my ex-managers) locked me me out of my free debt business, and with this, failing section 115(2) of the Act, as the agent collecting the debt should not be in contact with me before the 5 days had happened-The bailiff failed to understand that as on section 115(3), I had to be properly informed of my lease termination and I was not. I informed him that I did not received the notice (required under section 115(1) of the Act). He did not care.-By voice of the bailiff, I was given two chances to take some things out of the business, and this, with limited time, each time, and this, only at night.-During this terrible ordeal, bailiff insisted in buying the ice machine from me. He finally quit asking after I asked him a fair price for the machine, not remotely I was thinking on being panic selling it. I felt offended. I didn't need the bailiff pressuring me to sell the machine during such tremendous time.
-Bailiff refused to give me an inventory of what he was keeping. He told me to ''take a picture''.
After that, I have never heard from him or any such accounting of my seized property for which I owed nothing to my ex-landlord.
I read the following from Business Practices and Consumer Protection Act, part 7-Debt collection and I believe some sections apply to my case. No more space but
Thank you
Lawyer: Debra, Lawyer replied 6 months ago

I am not sure of the answer and will opt out and let someone else step in.

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Customer reply replied 6 months ago
Thank you, ***** ***** really appreciate your honesty and transfer to another lawyer.
Best regards
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