Warrant of execution
Encyclopedia
A Warrant of Execution is a form of writ of execution
used in British
courts. It is a method of enforcing judgments and empowers a County Court bailiff
to attend a judgment debtor
’s (hereafter, debtor) address to take goods for sale.
The request can be made for any amount up to the outstanding value of the judgment along with an application for the costs of requesting the warrant.
A warrant of execution can be issued in the County Court to recover a debt between £50 (£600 in Scotland
) and £5,000. If amount sought is more than £600 it can be enforced in the High Court
using a Writ of
Fieri Facias (often called Fi. Fa.)
The value of the Warrant will calculated by adding the amount of the request, plus the court fee and creditor's costs (if granted).
As the warrant can only be sought on a judgment debt of £5,000 or less, statutory interest
is not recoverable.
Upon issue of the Warrant the court will transfer the case to the debtor's local court and write to the debtor informing them of the warrant. The debtor is currently given seven days to pay the amount of the warrant without further action; if the defendant pays within this time, the warrant is cancelled and the money is sent by the court to the creditor.
Should the defendant fail to pay, the bailiff will visit the premises of the defendant, usually within fifteen working days, and attempt to identify items which can be sold at auction to recoup the outstanding debt, subject to the restrictions below. Such items are usually removed and stored, the storage costs being added on to the outstanding balance. The items are auctioned, usually without a reserve price, and the resulting amount (less auctioneer fees) is paid to the creditor.
If there is still an outstanding balance, the bailiff may again visit and seize further goods or assets.
Instead of actually removing goods, the bailiff can take payment from the debtor or agree to return later to allow the debtor to gather funds. If the debtor agrees to pay later the bailiff may take walking possession
of goods as a surety
of payment.
If nobody is present, the bailiff can enter if through an open window, unlocked door, or other unsecured entrance.
If the bailiff has previously been admitted and is returning to collect payment or goods to be sold, then they have a right of entry to residential property even if the occupants refuse to let them in.
, currently limit the goods which the bailiff may take.
The goods must currently meet the following criteria:
As the warrant is a specific sanctioned interference with the debtor's general right to enjoyment of his property any question as to whether goods are or are not available for seizure is likely to be determined in the Defendant's favour.
If the suspension is contested the Court will list the appliaction for a hearing. The court will there decide whether the warrant should be suspended, and whether terms attach to the suspension. The Court is not bound by the party's suggested payment regimes.
Writ of execution
A writ of execution is a court order granted in an attempt to satisfy a monetary judgment obtained by a plaintiff. When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor...
used in British
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...
courts. It is a method of enforcing judgments and empowers a County Court bailiff
County Court Bailiff
County Court Bailiffs are employees of Her Majesty's Courts Service and are responsible for enforcing orders of County Courts by recovering money owed under County Court Judgments. They can seize and sell goods to recover the amount of the debt...
to attend a judgment debtor
Judgment debtor
Judgment Debtor, in English or American law, a person against whom a judgment ordering him to pay a sum of money has been obtained and remains unsatisfied...
’s (hereafter, debtor) address to take goods for sale.
Procedure
An application for a Warrant of Execution can be made by the judgment creditor (hereafter, creditor) at any point following the entry of judgment.The request can be made for any amount up to the outstanding value of the judgment along with an application for the costs of requesting the warrant.
A warrant of execution can be issued in the County Court to recover a debt between £50 (£600 in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
) and £5,000. If amount sought is more than £600 it can be enforced in the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
using a Writ of
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
Fieri Facias (often called Fi. Fa.)
Fieri facias
A fieri facias, usually abbreviated fi. fa. is a writ of execution after judgment obtained in a legal action for debt or damages. The term is used in English law for such a writ issued in the High Court...
The value of the Warrant will calculated by adding the amount of the request, plus the court fee and creditor's costs (if granted).
As the warrant can only be sought on a judgment debt of £5,000 or less, statutory interest
Interest
Interest is a fee paid by a borrower of assets to the owner as a form of compensation for the use of the assets. It is most commonly the price paid for the use of borrowed money, or money earned by deposited funds....
is not recoverable.
Upon issue of the Warrant the court will transfer the case to the debtor's local court and write to the debtor informing them of the warrant. The debtor is currently given seven days to pay the amount of the warrant without further action; if the defendant pays within this time, the warrant is cancelled and the money is sent by the court to the creditor.
Should the defendant fail to pay, the bailiff will visit the premises of the defendant, usually within fifteen working days, and attempt to identify items which can be sold at auction to recoup the outstanding debt, subject to the restrictions below. Such items are usually removed and stored, the storage costs being added on to the outstanding balance. The items are auctioned, usually without a reserve price, and the resulting amount (less auctioneer fees) is paid to the creditor.
If there is still an outstanding balance, the bailiff may again visit and seize further goods or assets.
Instead of actually removing goods, the bailiff can take payment from the debtor or agree to return later to allow the debtor to gather funds. If the debtor agrees to pay later the bailiff may take walking possession
Walking possession
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....
of goods as a surety
Surety
A surety or guarantee, in finance, is a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults...
of payment.
Right of Entry
The warrant grants limited rights of entry to the bailiff depending on the type of property and whether the bailiff has already successfully visited the debtor.Residential Property
If the property is occupied then the bailiff may only enter with the permission of someone inside.If nobody is present, the bailiff can enter if through an open window, unlocked door, or other unsecured entrance.
If the bailiff has previously been admitted and is returning to collect payment or goods to be sold, then they have a right of entry to residential property even if the occupants refuse to let them in.
Business Premises
If there is no living accommodation attached and the bailiff has good reason to believe the debtor has goods inside, they may force entry to business premises.Goods that cannot be seized
Social policy considerations, particularly the requirements enshrined in the Overriding Objective of the Civil Procedure Rules 1998Civil Procedure Rules 1998
The Civil Procedure Rules are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil cases in England and Wales...
, currently limit the goods which the bailiff may take.
The goods must currently meet the following criteria:
- The goods or items are required by the debtor to carry out business; examples of this are a tradesman's tools or reference books
- Essential household items which the debtor and their family require such as clothing or bedding
- Items which do not belong to the debtor; for example items that are subject to a hire purchase agreement, leased or rented from a third party. Goods that are joint owned by the debtor can be seized.
- Goods already marked for seizure by another bailiff dealing with a different warrant
As the warrant is a specific sanctioned interference with the debtor's general right to enjoyment of his property any question as to whether goods are or are not available for seizure is likely to be determined in the Defendant's favour.
Suspending a warrant
The defendant may apply for the warrant to be suspended; this application must state reasons, for instance an offer to pay by installments, and usually requires payment of a fee. The court will inform the creditor of the application and require them to confirm whether they agree to the suspension and if not to state why and, in the case of an offer, what they would accept.If the suspension is contested the Court will list the appliaction for a hearing. The court will there decide whether the warrant should be suspended, and whether terms attach to the suspension. The Court is not bound by the party's suggested payment regimes.