Bailiff activity

Bailiff Nguyen Hai Dang participated in the process of making a record of the act of recording and handing over assets.

Ms. Nguyen Kim N, in Ninh Kieu ward, said: “Previously, I rented a house to a customer for a food service business, with a 3-year contract. However, after 3 months of operation, the tenant closed down, stopped doing business, and did not fulfill its obligation to pay me rent. In the rental contract, we agreed: “If the tenant does not pay 1 month’s rent without a valid reason, the landlord has the right to unilaterally terminate the contract and notify the tenant at least 30 days in advance.” After investigating, I asked the bailiff to protect my rights.”

Referring to this incident, bailiff Nguyen Hai Dang, Can Tho Bailiff Office, said: In Ms. N's case, she can reclaim the rented house by asking the bailiff to draw up a record of delivery of a notice "on the unilateral termination of the rental contract" to inform the tenant. After drawing up the record of delivery of the notice, if the tenant fails to fulfill the obligations according to the content of the notice, the landlord can unilaterally terminate the contract and reclaim the rented house legally. Or Ms. N asks the bailiff to draw up a record of "recording the current status of the rented house" to clearly understand the overall status of the house to see if the tenant has changed the design or function after renting. At the same time, count and seal assets that are not the lessor's (if any) and store them in a warehouse, and notify the tenant to come and receive the assets. All of these processes are witnessed by the bailiff and are recorded in the record with photos, videos , personal documents, documents proving property rights and grounds for reclaiming the rented house. The notarization is the basis for Ms. N to legally reclaim the rented house, or use it as a basis for negotiation or request the court to resolve the dispute, if any.

Nowadays, people know a lot and proactively request the services of competent bailiffs. Ms. Nguyen Thi H, in Phuoc Thoi ward, said: “Previously, I requested the bailiff office to make a record of the following acts: witnessing, recording the delivery of money and recording the current status of assets. In my opinion, making a record is to create evidence for the parties to perform correctly, limiting “speaking against”, leading to unnecessary disputes.”

Ms. Pham Thi Hong H, residing in O Mon ward, has just completed the preparation of a notarized document for the act of witnessing, recording the delivery of money and recording and handing over assets. According to Ms. H, in the past, when there was a need to carry out certain transactions or actions, they often only made a handwritten agreement, signed by both parties and the witness. However, when disputes arose, in many cases the handwritten agreement did not ensure legality. But now, with a notarized document, under the witness of a bailiff, the legitimate rights and interests of the people will be guaranteed.

According to bailiff Nguyen Hai Dang, colleagues need to be proactive and make efforts to promote and introduce bailiff services so that people in need can access bailiff services as quickly as possible; at the same time, improve operational efficiency, especially in making records, verifying conditions for execution of judgments and directly organizing execution of judgments. From there, contribute to making this new legal service serve organizations and citizens better and better...

Article and photos: CHAN HUNG

Source: https://baocantho.com.vn/hoat-dong-thua-phat-lai-a189309.html