High court

 

High court

Rent arrears, loans, any commercial or private debt, etc

An individual or business (claimant) can apply for a Writ of Control in the High Court, to enforce a judgment made against a debtor (defendant), to recover the unpaid monies owed to them. Should full payment of the debt not be obtained or a payment plan not agreed, the High Court Writ of Control provides for the seizure and if required, the removal and sale of the debtor’s goods.

The Writ of Control is addressed to the named authorised High Court Enforcement Officer, who will be responsible for its enforcement. The writ is executed by either recovering the money from the defendant or in the rare event by removing goods. The amount of goods seized will be according to the value the High Court Enforcement Officer calculates that the item will fetch when sold at a public auction.

  • The bailiff needs to show the defendant a warrant but does not need to have the originals on them. The bailiff may have a copy in digital form or paper. legally the bailiff must provide brief information of the offence and details of the fine.
  • The warrant allows for peaceful entry.
  • You cannot block or obstruct the bailiff as this will be classed as an obstruction and can result in you being imprisoned, fined or both.
  • The bailiff can walk in if the door is unlocked and without permission .
  • Does not automatically come with reasonable forced entry.
 

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