Enforcing a writ of control—judgment debtor—frequently asked questions
Produced in partnership with David W Carter of The Sheriffs Office
Enforcing a writ of control—judgment debtor—frequently asked questions

The following Dispute Resolution guidance note Produced in partnership with David W Carter of The Sheriffs Office provides comprehensive and up to date legal information covering:

  • Enforcing a writ of control—judgment debtor—frequently asked questions
  • Do Enforcement Agents (EAs) have to tell me they are coming?
  • Can I pay some of the debt now and the rest in instalments?
  • An enforcement agent has arrived, do I have to let him in?
  • Can I specify which goods the enforcement agent can take to make up the debt amount? For example, living furnishings rather than tools of trade
  • Apart from tools of the trade which goods can’t you take?
  • Can the EA still take control of goods even where the mortgage on them exceeds any sale value?
  • The EA wants to take away equipment with confidential third-party information. How can I ensure they don’t breach this confidentiality?
  • Can the EA take away goods that have a value above the debt?
  • Can the EA take away goods that I have only made part-payment on?
  • more

This Practice Note, produced in conjunction with enforcement specialists, The Sheriffs Office, sets out frequently asked questions raised by judgment debtors who are subject to the Taking Control of Goods procedure for enforcement of a judgment debt. However, those acting for judgment creditors will also find this list of questions of use in answering queries that their judgment-creditor clients have when anxious to understood how the process works.

Do Enforcement Agents (EAs) have to tell me they are coming?

The EA must send you a Notice of Enforcement giving you seven clear days to pay your debt in full. If payment is not received in full the EA can visit to take control of your goods. This will incur further fees for which you will be liable.

Can I pay some of the debt now and the rest in instalments?

In order to prevent an EA from visiting, you need to pay the debt in full. If you cannot pay the full amount and you wish to pay by instalments the EA will visit you to take control of your goods and enter into a controlled goods agreement.

An enforcement agent has arrived, do I have to let him in?

No, EAs must only gain peaceable entry into private residences, entering by any usual means, such as an