HOW DO I EXECUTE AGAINST PROPERTY OWNED BY A JUDGEMENT DEBTOR?

Friday, September 11th, 2009 at 0

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.