Warrant of Execution
A Warrant of Execution is used by County Court Bailiffs to enforce a judgement and to enter an individual's home or business premises to seize their belongings to sell and pay off the debt. A Warrant of Execution can be used where the debt owed ranges from £50 - £5,000. No additonal court hearing is necessary. The Bailiff will go to the individuals address and can accept payment from the debtor and/or remove their goods. They may ask the debtor to sign an agreement that he or she will not remove or dispose of their goods until he or she has paid the debt they owe.
The Bailiff can take into control a wide range of goods within the debtor’s premises, including but not limited to:
- Vehicles, boats and aeroplanes
- Stock and machinery
- Some Household furniture (see below)
- Jewellery and art
- Money, bank notes and promissory notes (cheques), Bonds, shares, securities and deeds
- Livestock and animals
- Jointly owned property (i.e. goods owned by a married couple)
The are some items that cannot be taken into control:
- Bedding, clothing, furniture and provisions that the debtor and their family need for a basic level of domestic life
- Items reasonably required for the care of a person under 18, a disabled person or an older person (over 65)
- Perishable goods: refrigerated foodstuffs, fresh flowers etc.
- Vehicles with a valid disabled person’s badge, vehicles used for police, fire or ambulance purposes or a vehicle with a valid British Medical Association badge or other health emergency badge because it is being used for health emergency purposes.
- Assistance dogs, sheep dogs, guard dogs and domestic pets
- Tools of the trade: those needed by the debtor to do their job or run their business, for example tools, books, vehicles etc., but only to a value of £1,350
Third party ownership – If the Bailiff takes into control goods that do not belong to the debtor or are under a hire purchase agreement, then the third party needs to provide evidence of this to reclaim them.
The content of this website is for general information only and should not be relied upon. It is not intended to be construed as legal advice and should not be treated as a substitute for specific advice.