Warrant of Execution issued to recover debt

Once a Warrant of Execution is issued, full payment must be made within 7 days, or have the Warrant of Execution cancelled or suspended within this 7 days

Once a Judgement is issued, the creditor can apply for a Warrant of Execution. The court will write to you giving 7 days’ notice to pay the amount of the Warrant in full without further action. If full payment is paid within these 7 days then the Warrant of Execution is cancelled and the monies are sent to the creditor.

You can apply to suspended the Warrant of Execution within this 7 day period provided you have a valid reason and able to pay the judgment by instalments. Please note that you will have to pay a fee to the court to apply to suspend the Warrant of Execution.

Once you have lodged the application to suspend the Warrant, the court would then notify the creditor. If the creditor challenges the application, the court will list the application for a hearing to decide whether to uphold the application to suspend or whether the Warrant of Execution to remain in place.

If you do not pay as stated on the Warrant of Execution or have failed to suspend the Warrant of Execution, the bailiff will visit your home within 15 working days.

If the bailiff is let into your home, the bailiff will take payment there and then or may take an inventory of goods to identify items which can be sold to recover the debt. The County Court Bailiff follows strict guidelines as to how they can take the goods.

If payment is not made the bailiff will revisit and take the goods. The bailiff on his return visit is allowed to break into the property if he was invited in your home before.

A Warrant of Execution lasts for a period of one year from the date of issue but can be extended before it expires by the creditor for over one year by making an application to the court. The creditor will have to provide sufficient reasons for the court to grant the extension. Without exceptional and satisfying circumstances the Warrant of Execution cannot be granted. There is a fee the creditor has to pay to extend the Warrant of Execution.

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