A warrant of execution is a court order that allows a creditor to take legal action to recover a debt from a debtor. In the UK, a warrant of execution can be issued by a county court or a high court. In this blog post, we will explore what a warrant of execution is, how it works in the UK, and what rights and responsibilities debtors and creditors have.
How Does a Warrant of Execution Work?
In the UK, a warrant of execution can be issued by a county court or a high court. If a creditor obtains a county court judgment (CCJ) against a debtor, they can apply for a warrant of execution from the court. The court will issue the warrant of execution and send it to the enforcement officer, who will then visit the debtor’s property to seize goods that can be sold to pay off the debt.
If the debt is over £600, the creditor can apply for a high court writ of control instead of a county court warrant of execution. This allows the enforcement officer to take control of the debtor’s goods and sell them without having to obtain a separate court order. The high court writ of control is more expensive than a county court warrant of execution, but it can be quicker and more effective.
What Are the Rights and Responsibilities of Debtors?
Debtors have several rights when it comes to a warrant of execution. They have the right to receive notice of the warrant of execution and the right to appeal the decision. If the debtor has goods that are exempt from seizure, they have the right to inform the enforcement officer of this fact. Debtors also have a responsibility to cooperate with the enforcement officer and provide access to their property to allow the goods to be seized.
What Are the Rights and Responsibilities of Creditors?
Creditors also have several rights and responsibilities when it comes to a warrant of execution. They have the right to recover the debt that is owed to them, but they must do so in a fair and reasonable manner. Creditors have a responsibility to inform the debtor of the warrant of execution and to provide them with an opportunity to pay off the debt before enforcement action is taken. Creditors must also comply with the law and ensure that the goods that are seized belong to the debtor and are not exempt from seizure.
What Happens if a Debtor Cannot Repay the Debt?
If a debtor cannot repay the debt, they may be at risk of having their goods seized by the enforcement officer. The enforcement officer will visit the debtor’s property and identify goods that can be seized and sold to pay off the debt. The debtor can inform the enforcement officer of any goods that are exempt from seizure, such as essential household items and tools of the trade.
If the debtor is unable to pay the debt and their goods are seized, they may still be liable for any remaining debt after the sale of the goods. In some cases, the debtor may be able to negotiate a payment plan with the creditor or apply for a debt relief solution such as a Debt Management Plan (DMP) or an Individual Voluntary Arrangement (IVA).
Stopping a Warrant of Execution
You may be interested in these two post on how a warrant of execution was stopped; Warrant of Execution Stops Bailiffs and there is also this post; Warrant of Execution What to Do.
Conclusion: In conclusion, a warrant of execution is a court order that allows a creditor to take enforcement action against a debtor who has failed to pay a debt that is owed. In the UK, a warrant
