Requirements for court bailiffs
Do you want to work as a court bailiff? Then you must fulfil several requirements. Your duties of a court bailiff are described in the Bailiffs Act (Gerechtsdeurwaarderswet). As a bailiff, you must comply with the rules, and you must follow continuous training.
What does a court bailiff do?
Court bailiffs make sure that (contractual) agreements are fulfilled, for example that bills are paid. The duties of a court bailiff include:
- to reach agreement with the debtor on payment or a payment plan
- to subpoena or summon a debtor in court if they do not respond or pay
- to serve notice of a judgment
- to seize a debtor’s wages or bank account
- to seize a debtor’s household effects or house and to sell them by public auction
- to perform evictions
The legal duties of the court bailiff are described in the Court Bailiffs Act (in Dutch). You are only allowed to perform these duties if you are registered with the Royal Professional Organization of Judicial Officers (Koninklijke Beroepsorganisatie van Gerechtsdeurwaarders, KBvG). All court bailiffs in the Netherlands are members of the KBvG and can be found in the Bailiff Register.
Becoming a court bailiff
To become a court bailiff, you must, among others:
- have the Dutch nationality, the nationality of an EEA country or the Swiss nationality. Note that your command of the Dutch language must be sufficient to perform your duties
- have at least 2 years working experience as a deputy bailiff. This includes your 1 year internship period
- have a certificate of conduct (or equivalent from your home country if you have a different nationality)
Appointment as a court bailiff
You must be appointed as a court bailiff. To be appointed you should file a request with the Ministry of Justice and Security (in Dutch). You must attach among others proof of your education, a business plan, and a certificate of conduct (VOG). The application procedure takes 4 months.
Taking the oath
Have you been appointed as a court bailiff? Then you must take the oath before the court in the district where you are located (in Dutch), within 2 months. After taking the oath, you must immediately register in the Bailiff Register.
Deputy court bailiffs that are appointed for the first time must take the oath as soon as possible after their appointment.
Code of conduct for court bailiffs
You must comply with the rules for conduct and professional rules for court bailiffs (in Dutch). These rules concern for instance:
- integrity
- providing information
- archiving
- handling of complaints
- human resources policy
An auditor appointed by the KBvG will check compliance with the quality standards every 3 years.
Rules for processing personal data
As a court bailiff, you process personal data. You must protect this personal data to comply with the privacy legislation (General Data Protection Regulation, GDPR) and the Code of conduct for court bailiffs for the protection of personal data (Gedragscode gerechtsdeurwaarders ter bescherming persoonsgegevens, in Dutch). These rules indicate how you may collect, use, and store personal data.
Mandatory continuous training
All (apprentice/deputy) bailiffs must follow refresher training to keep their knowledge up to date (permanent education, PE, in Dutch). Every year, the KBvG awards training points to courses and training programmes. You must obtain a specified number of PE points every 2 years.
Administration
As a bailiff, you must keep records of your activities, your business assets and your private assets (in Dutch). The Financial Supervision Office (Bureau Financieel Toezicht, BFT, in Dutch) supervises the finances, integrity, and quality of bailiffs.