HelpZone

Choose from the following HelpZone topics:
County Court Judgements
Bailiffs/Enforcement <
Mortgage Arrears and Repossessions
Rent Arrears and Eviction
County Court Administration Orders
Credit Scoring
Harassment By Creditors

Bailiffs/Enforcement
Whichever track the claim takes, a judgement of a County Court may be enforced in a number of ways:

(a) A warrant of execution issued by the district judge against the debtor's goods which can then be seized. Tools, books, vehicles and other items of equipment that are necessary to the debtor for use personally by him in his employment or business, and such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the debtor and his family, are protected from seizure;

(b) The making of a charging order imposing a charge on any such property of the debtor as may be specified in the order;

(c) The appointment of a receiver;

(d) An attachment of earnings order. This is an instruction by the court to the debtor's employer to make deductions from the debtor's earnings and pay them to the court. If the debtor changes his employment or becomes unemployed, the order will not come to an end but will lapse until re-directed to a new employer.

(e) The making of a garnishee order, where a third party (the garnishee), who holds funds or liquid assets of the debtor, is ordered to pay them to the creditor up to the amount of the debt owed by the debtor.

The warrant of execution in (a) above will be carried out by the Court sending a bailiff in to seize the debtor's possessions. Even Court appointed bailiffs cannot break into domestic premises. Bailiffs acting on behalf of the Inland Revenue or Customs and Excise can get specific permission from the Court to break into a home, but usually bailiffs have to gain 'peaceful' entry.

Peaceful entry can be obtained by climbing over a fence or gate or through an unlocked door or open window.

As regards non-domestic premises (that is premises with no living accommodation), which include not only commercial property but also garages and sheds not attached to a house, all bailiffs may break-in.

Court appointed bailiffs are not to be confused with debt collectors appointed by a creditor, or whose appointment is threatened. Although a creditor will sometimes refer to them as bailiffs they do not have the same rights of entry or seizure as Court appointed bailiffs.

Creditors often threaten a debtor with Court, a warrant of execution and bankruptcy although they seldom mention the extensive legal process required to get from the initial default on a debt to the making of a bankruptcy order.