Judicial Acts
Various Judicial Acts
Notifications / Service of Process:
Service by a judicial bailiff ensures the right to be heard, proves delivery of a document at a certain date, and binds the recipient. The bailiff delivers judicial acts, enforcement documents, letters, parcels, etc., in person and draws up a written report.
Auctions (Sales by Bidding):
The involvement of a judicial bailiff in voluntary movable property auctions ensures compliance with legal requirements and the proper conduct of auctions throughout the Canton of Geneva. A voluntary sale must be carried out through a bailiff, who acts as a public officer. He is mandated to prepare and organize the auction and eventually draws up an authentic record. The judicial bailiff also conducts auctions under judicial authority.
Execution of Judgements:
Judicial bailiffs are called upon during the enforcement stage of judgments, especially those relating to housing.
In the case of eviction of premises by the authorities, execution is preceded by the involvement of a judicial bailiff. The bailiff verifies that the judgment is enforceable and takes the necessary steps.
Protests:
A protest is a formal act carried out by a judicial bailiff or a notary which acknowledges the refusal to pay or accept a bill of exchange (promissory note or bill of exchange).
Provisional and Super-provisional measures:
These measures ensure the subsequent enforcement of a right and temporarily regulate a legal situation.
They also serve as protective measures, for example to seize an object in dispute or impose a temporary ban. The bailiff intervenes in implementing these measures, taking all necessary steps.
Judicial Bailiffs in Geneva
Judicial bailiffs are public officers (officiers ministériels) in the same rank as notaries, and they act independently across the entire canton of Geneva. With a numerus clausus of nine, they are appointed by the State Council and take an oath when entering office. The profession is liberal and governed by the law and regulations concerning judicial bailiffs. The activities of judicial bailiffs include, among others:
They prepare attestations, condition reports, inventories, etc.
They serve legal notifications and provide services to the courts.
They draw up protests.
They intervene in voluntary public or forced auctions.
They act in the execution phase of judgments concerning the forced eviction of tenants and carry out provisional measures.
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