HOW DO I EXECUTE AGAINST PROPERTY OWNED BY
A JUDGEMENT DEBTOR?
Under execution, property of the Judgement
debtor is taken from him/her and sold with
the proceeds of the sale delivered to the
Judgement creditor. Since the law abhors self-help
in these situations (a Judgement creditor
should never personally take property away
from a Judgement debtor except with permission),
the Judgement creditor must take certain steps
and get the assistance of law enforcement
personnel to perform the levy.
The first step is for the Judgement creditor
to obtain a Writ of Execution.
It is now possible to instruct a Sheriff rather
than a bailiff for any debt greater or equal
to £600.00.
A Transfer Certificate is used to transfer
the matter from a County Court to the High
Court to the High Court if necessary. This
is then sent to the Sheriff Lodgement Centre
who instructs the Sheriff. They issue a Writ
of Fi Fa and execute the same. This will allow
the Sheriff to seize goods.
It is possible for a Sheriff to obtain offers
from the debtor. The creditor can accept or
reject those offers. Typically they will be
for stage payments. |
