Will a Judgment Debtor's application under Form N245 to vary the judgment obtained against them impact on the Judgment Creditor pursuing enforcement of the debt?

Enforcing a warrant of control

We refer to our Practice Note: Enforcing a warrant of control which guides users through the process of enforcing a County Court warrant of control.

Under the heading Can the Debtor apply to court to stop Enforcement? it explains that the debtor may apply to court to:

1. •

   request the judgment be Set aside or varied

2. •

   appeal the judgment

3. •

   request that the warrant be suspended

The debtor will have to provide good reason and strong supporting evidence to support their application.

An application for any of the above will not stop enforcement, which may proceed until the court Rules in the debtor’s favour.

A bankruptcy petition or a company winding-up petition will stay execution.

As soon as the County Court bailiff is made aware that the warrant has been suspended, he must stop enforcement.

Staying execution

Practice Note: Staying execution of a money judgment considers