An execution order is a form of written execution used in the County courts of England and Wales (only). This is a method of enforcing judgments and empowering district court courts to attend debtor debtors (hereafter, debtors) addresses to take items for sale. The nearest equivalent in Scotland is the Fee for Payments, which is executed by the Sheriff Officer after a decision (a Scottish Court ruling) is given in the Sheriff Court in favor of the pursuer (plaintiff) seeking a debt relief or other amount due.
Video Warrant of execution
Prosedur
An application for an execution order may be made by the creditor of judgment (hereafter, creditor) at any point after the entry of the verdict.
A request can be made for any amount up to the exceptional value of the appraisal along with the application for the cost of requesting a warrant.
An execution order may be issued at the County Court to recover the debt between Ã, Â £ 50 (Â £ 600 if the debtor is in Scotland) and Ã, Â £ 5,000. If the amount sought for more than Ã, Â £ 600 it can be upheld in the High Court using the writings of Fieri Facias (often called Fi Fa).
The value of a warrant will be calculated by adding the number of requests, plus court fees and creditor fees (if given).
Since the warrant can only be sought with a grant of  £ 5,000 or less, the interest according to the law can not be recovered.
After issuing a Court Order will move the case to the debtor's local court and write to the debtor informing them of the warrant. The current debtor is given seven days to pay the number of warrants without further action; if the defendant pays within this time, the warrant is canceled and the money is sent by the court to the creditor.
If the defendant fails to pay, the bailiff will visit the defendant's place, usually within fifteen working days, and try to identify items that can be sold at auction to cover the debt, subject to the restrictions below. Such items are usually removed and stored, storage costs added to the outstanding balance. Goods are auctioned, usually without a reserve price, and the resulting amount (less auction fee) is paid to the creditor.
If there is still an unpaid balance, the bailiff may return to visit and take further goods or assets.
Rather than actually issuing goods, the court clerk may take payment from the debtor or agree to return later to allow the debtor to raise funds. If the debtor agrees to pay then the bailiff may be able to take possession of the goods as security of payment.
Maps Warrant of execution
Entry rights
The warrant gives a limited right of entry to the bailiff depending on the type of property and whether the bailiff has successfully visited the debtor.
Property where
If the property is occupied then the bailiff can only enter with the permission of someone inside.
If no one is present, bailiff can enter if through open windows, open doors, or other unsafe entrances.
If a previous court clerk has been accepted and returned to pick up a payment or item to be sold, then they have the right of entry to the residential property even if the residents refuse to let them enter.
Business place
If there is no embedded accommodation and bailiffs have a good reason to believe that the debtor has the goods in it, they can force their way into the place of business.
Unable to confiscate goods
Social policy considerations, in particular the requirements enshrined in the Purpose of Override the 1998 Civil Procedure Rules, currently limit the goods that may be taken by bailiffs.
Current goods must meet the following criteria:
- Goods or goods required by the debtor to run the business; an example of this is a merchant tool or reference book
- Essential household items where debtors and their families need such as clothing or bedding
- Items that are not owned by the debtor; such as goods subject to a sale and purchase agreement, leased or rented from a third party. Goods shared by the debtor may be confiscated.
- Item has been marked for confiscation by other bailiffs who deal with different warrants
Since the warrant is a disorder subject to special sanctions against the debtor's general right to enjoy his property, the question of whether goods available or not available for confiscation will likely be determined for the interests of the Defendant.
Suspend a warrant
The defendant may request that the warrant be suspended; this application must state the reasons, such as an offer to pay by installments, and usually require payment of fees. The court will inform the app creditors and require them to confirm whether they approve the suspension and if it does not state why and, in the case of an offer, what they will receive.
If suspension is challenged, the court will register the application for trial. The court will decide there whether the warrant must be suspended, and whether the terms are related to the suspension. The court is not bound by the party's suggested payment regime.
Length of warrant
Warrants last for one year from the date of issue. In some cases, fees may be paid to extend the life of the warrant after more than one year, but the creditor must provide sufficient grounds to the court for such extension to be granted, and - unless exceptional circumstances apply - before the warrant expires.
References
HMCS | Your Supreme Court Service
Source of the article : Wikipedia
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