Seizing the debtor's possessions—obtaining writs of fi fa and warrants of execution [Archived]
Seizing the debtor's possessions—obtaining writs of fi fa and warrants of execution [Archived]

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Seizing the debtor's possessions—obtaining writs of fi fa and warrants of execution [Archived]
  • Introduction
  • Where should I enforce?
  • High Court procedure
  • Issuing a writ of fi fa
  • Where permission is required
  • County court procedure
  • Issuing a warrant of execution
  • Writs of sequestration
  • Executing the writ of fi fa or warrant of execution
  • More...

THIS PRACTICE NOTE IS FOR HISTORICAL REFERENCE ONLY SINCE, AS FROM 6 APRIL 2014, IT IS NO LONGER POSSIBLE TO OBTAIN A WRIT OF FEIRI FACIAS OR A WARRANT OF EXECUTION; INSTEAD THE PROCESS IS NOW TO ISSUE A WRIT OR WARRANT OF CONTROL UNDER THE TAKING CONTROL OF GOODS (TCG) PROCEDURE UNDER THE TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007, SCHEDULE 12, ON WHICH SEE: Taking control of the debtor's goods—overview.

Introduction

The mechanisms for enforcing a judgment for the payment of money by seizing a debtor’s goods are set out in:

  1. CCR Order 26 (county court) and RSC Orders 46-47 (High Court)

  2. practice directions PD RSC 46 and CCR 26

  3. attendant provisions in Schedule 7 of the Courts Act 2003 and Part V of the County Courts Act 1984

Note: amendments intended by Part 3 of the Tribunals, Courts and Enforcement Act 2007 (Tribunals, Courts and Enforcement Act 2007 - Overview) will come into force on 6 April 2014.

A judgment creditor can enforce against the debtor's possessions (also referred to as chattels) by issuing a:

  1. writ of fieri facias (fi fa) in the High Court, or

  2. warrant of execution in the county court

Under the procedure, the High Court Enforcement Officer (HCEO) or bailiff (in the county court) has the power to take and auction goods from the debtor's home or business.

Where

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