Warrant of execution
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A Warrant of Execution is a form of writ of execution used in British courts, in particular, Her Majesty's Court Services (HMCS). These are often used in small claims court cases in which a monetary judgment has been granted. The warrant allows the use of a court bailiff to collect payment of the amount of the court order.
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[edit] Procedure
An application for a Warrant of Execution can be made if the plaintiff (the "judgment creditor") has not received payment from the defendant (the "judgment debtor") following judgment. The plaintiff must pay a fee to HMCS to obtain the warrant. If the application is successful, the judgment creditor can ask the court to instruct a bailiff to attend the judgment debtor's property or business premises (if the defendant is a trader or a business) and seize assets or money in satisfaction of the judgment. The bailiff's fees for performing this service are added to the debt.
The maximum amount that can be enforced by such a warrant is £5000. In Scotland, the minimum amount is £600.
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Using a "Certificate of Judgement" obtained from the court at the time of the original ruling, a plaintiff makes an application to the court for the warrant of execution, adding daily interest and any other applicable sums as allowed. The court then writes to the defendant to inform them that the warrant has been issued, and give them seven days to pay the amount of the warrant. If the defendant pays within this time, the warrant is cancelled and the money is sent by the court to the plaintiff. 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. Such items are then removed and stored, the storage costs being added on to the outstanding balance. Auction firms then sell the items, usually without a reserve price, and the resulting amount (less auctioneer fees) is paid to the plaintiff and removed from the outstanding amount. Should there still be an outstanding balance, the bailiff may again visit and seize further goods or assets, subject to the rules detailed below.
[edit] Right of Entry
A bailiff has no automatic right of entry. If a door or window is unlocked or open, they may gain access to premises in this manner, but if the premises are secure they must first obtain permission to enter. Once a bailiff has entered a premises for the first time, they gain automatic right of entry and can force entry to a premises on second and subsequent visits.
[edit] Goods that cannot be seized
Bailiffs cannot seize goods to satisfy a debt if:
- The goods or items are required by the defendant to carry out business; examples of this are a tradesman's tools or reference books
- Essential household items which the defendant and their family require such as clothing or bedding
- Items which do not belong to the defendant; for example items that are subject to a hire purchase agreement, leased or rented from a third party - these goods do not belong to the defendant and cannot be seized to pay the defendants debts
- Goods already marked for seizure by another bailiff dealing with a different warrant
[edit] Suspending a warrant
Upon learning that a warrant has been issued, a defendant may apply (for a fee) for the warrant to be suspended. The court will inform the plaintiff, and ask if the plaintiff wishes to allow the suspension (usually done to allow offers of payment less than the total amount), or whether the defendant does not wish the warrant to be suspended. In this case, both parties are informed of a further sitting of the court at which both are required to attend. The court may decide that an offer of payment by installments should be accepted, in which case it will suspend the warrant, or it may order the warrant carried out.
[edit] Duration of a warrant
Warrants last for a period of one year from the date of issue. In some cases a fee can be paid to extend the warrant's life beyond one year, but the plaintiff must supply the court with sufficient reason for such an extension to be granted.
[edit] References
HMCS Her Majesty's Court Services
