Enforcing a writ of control—judgment debtor—frequently asked questions

Copyright © 2025 LexisNexis
Produced in partnership with Karolina Natkaniec of Duncan Lewis
Practice notes

Enforcing a writ of control—judgment debtor—frequently asked questions

Copyright © 2025 LexisNexis

Produced in partnership with Karolina Natkaniec of Duncan Lewis

Practice notes
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This Practice Note 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 understand 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

Karolina Natkaniec
Karolina Natkaniec

Solicitor, Duncan Lewis

I am a Solicitor in the Commercial and Civil Litigation Department at Duncan Lewis Solicitors.

I have significant experience in a wide variety of commercial and civil litigation claims, particularly those involving commercial disputes, disputes arising under a contract, misrepresentation cases, insolvency, and professional negligence matters. I am also experienced in dealing with property related disputes especially those involving disputes over the ownership of a property (under the Trusts of Land and Appointment of Trustees Act 1996). I have represented parties in disputes arising from repairing obligations, service charges, deposits, and other contractual terms in tenancy agreement and leases.

I have acted for both claimants and defendants under various funding arrangements. I am commercially aware of the need to resolve disputes for clients swiftly and efficiently.

I joined Duncan Lewis in April 2015 as a Caseworker and completed my training contract in the Commercial and Civil Litigation Department.

I am also fluent in written and spoken Polish.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Control definition
What does Control mean?

[has the meaning given to it in section 1124 of the Corporation Tax Act 2010 OR means the ownership'>beneficial ownership of more than 50% of the issued share capital of a company or the legal power to direct or cause the direction of the management of the company] and the expression change of control shall be construed accordingly;

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