3 Things You May Not Know About the Enforcement Process
If you have taken someone who owes you money to court and you win the case, then the debtor has only a limited time to pay you what they owe or face the prospect of bailiffs coming to their premises. This part of the enforcement process is governed by the following actions you may not be aware of.
Warrant or Writ of Control
Before a bailiff can proceed with enforcement a creditor must have either a warrant of control or a writ of control. This allows the bailiff to seize goods to the value of that awarded by court judgement.
Bailiffs can’t just take anything
Bailiffs do have the power to take most items owned by a debtor to cover the value of money owed including high value items such as cars but there are exceptions. The first is for items that are not fully owned or leased. A bailiff also cannot take items connected to land and property. Cars cannot be taken if they have a disabled badge displayed and essential items for work (if a person is self-employed) and home are also restricted.
There is no limit on when applications can be made
Even after 6 years have passed it is still possible to take enforcement proceedings but permission from the court may be required to proceed if this time frame has elapsed.