How to enforce a court order
Depending on the terms of a Writ a High Court Enforcement Officer can action the writ by either recovering the monies owed from the debtor or taking goods or assets which will then be sold at auction to cover the outstanding balance due from the debtor.
High Court Enforcement Officers are individuals who have been authorised by the Ministry of Justice to enforce High Court Judgment Orders.
Once a Judgment Order is obtained a Claimant can apply to issue a Writ of Fi Fa via the Court. When the Fi Fa is issued and received the High Court Enforcement Officer is then authorised to act to enforce the Judgment by the Court.
If a Judgment was obtained in the County Court it can be transferred up to the High Court and then pursued by the High Court Enforcement Officers.
The Enforcement Officers agree to perform their duties as per the terms set out by the National Standards for Enforcement Agents.
Interest on the monies due will be added daily to the balance outstanding. Once the High Court Enforcement Officer is instructed their fees are also payable by the debtor provided they are successful in recovery of the monies due. If they do not recover monies due, an admin charge of £60.00 plus vat is payable by the Claimant for the work done. This is a national fee. All fees charged by the High Court Enforcement Officers are set out in Schedule 3 of the High Court Enforcement Officers Regulations 2004.
Although the Officers can remove the debtors’ goods / assets there are exceptions to this rule. They cannot take:
- Any equipment that is essential to the running of a business or associated with your or the debtors’ employment.
- Domestic items from a residential property.
- Good or a vehicle that is subject to a hire purchase agreement.
- Any goods that belong to someone else.
It is possible to pay the balance due by instalments but the High Court Enforcement Officer will monitor instalments and continue to pursue until the full balance outstanding is paid, in full together with costs and interest.
For further information please contact Senior Debt Recovery Executive, Siobhan Doherty on 0844 984 6096 or at siobhan.doherty@lindermyers.co.uk
