Warrant of control is also known as warrant of execution give legal power to the bailiff to seize debtor’s good and sell it to cover owed amount.
Before applying for warrant of execution claimant should ascertain that debtor has goods which cost may cover a debt amount and location of these goods. Also, claimant or judgment creditor could request a court order for oral examination of debtors and getting his financial information.
Creditor could apply for warrant of execution only if debt is no less then £600 and no more then £5,000. If amount more then £5,000 then creditor should ask to enforce judgment over High Court.
In case of recovering debt over High court bailiffs, it should be requested Writ of Control by applying court form N293A. This is a combined certificate of judgment to enforce the judgment by a writ of control.
Creditor need to complete form N323 to apply for warrant of control in County and Family Court. Fee for issue warrant of control via MCOL is £77, in paper form - £110.
As bailiff's fees is not recoverable in small claim track then amount of warrant requested via MCOL cannot exceed £5,000 deducted on enforcement judgement fee.
As soon as warrant of control been granted it will be pass to the bailiff. Bailiff will sent a notice to the debtor and give a 7 days to pay. If debtors fails to pay within 7 days, then county court bailiff will attend debtors address within 15 days since enforcement order was issued. In case of several addresses bailiffs attends each premises in turn within one month.
Upon arriving bailiff try to assess the value of goods and then seize it. Seized goods will be sold at public auction. Unfortunately, price at public action is lower then price at high street. That’s why creditor should take this fact into account when applying for warrant of execution.
Cost of taking, selling, storing goods will be deducted from the raised amount.
Generally, bailiff wouldn’t take goods if their selling wouldn’t cover amount.
What goods could bailiff take?
The bailiff could take goods only belong to the debtors or jointly owned.
As well, list of goods that allowed to take:
- cash and cheques
- jewelry, but if you are wearing it, you have right no to get permission to seize it.
- mobile phone if there is landline at home
- designer clothing
- computer if it isn’t used for work and study
- non-essential kitchen appliances such food processor
- food, dogs and domestic pets
Goods which bailiff couldn’t seize:
- domestic appliances and items such as cooker, washing machine, microwave, landline telephone,
- item that is necessary for child care or older/disabled person
- items and goods that debtor is paying for on hire purchase or a conditional sale agreement
- trade tool and machinery need for job with cost up to £1,350
Debtor may ask to suspend an order if he or she ready to pay. In this situation court will send to the creditor a copy of debtors application and form N264A with further instructions to object the order or debtor’s offer.
In some situations creditor may not agree with suspension of order and court will arrange appointment for both party. District judge may issue an order even parties fail to attend an appointment.
Debtors fails to pay after suspension of order
If debtor hasn’t paid money as he or she had promised, then creditor or claimant may apply for reissuing warrant by filing form N445.
Creditors should complete form N445 even if warrant of control was unsuccessful and bailiff couldn’t find a debtors at address that was given or bailiff couldn’t collect a payment.
If creditor hasn’t got any information from the court or enforcement agent within a month then it is worthwhile to contact to the court directly.
Sometimes debtor’s good are not worth enough to cover a debt and bailiff wouldn’t seize it. It is up to creditor to define what belongs to the debtors and whether the auction price of these good will be enough to repay.
Warrant is valid one year. If bailiff couldn’t collect a debt within one yer, then creditors would have to ask court to extend the warrant’s life or apply for new warrant of execution. In both case creditors has to pay a court fee for warrant.