Understanding Writs

If you begin the debt recovery process, understanding Writs issued through High Court Enforcement is important. In this blog, we will cover the fundamental knowledge of what Writs are, the different types of Writs and how debtors might respond.

What is a Writ?

A writ is a Court document that empowers a High Court Enforcement Officer to take specific actions to enforce orders of the Court.

These actions can include taking control of goods.

Find out more about what makes a debtor subject to High Court Enforcement action in our previous blog: “Fundamentals of Enforcement”.

What are the three types of Writs of execution?

Writ of Control: one of the most used Writs, it grants High Court Enforcement Officers the authority to seize and potentially sell the debtor’s goods to settle the outstanding debt.

Writ of Delivery: When a debtor is in possession of specific goods that rightfully belong to the creditor, the Writ of Delivery can be used for High Court Enforcement Officer’s to take possession of those goods and return them to the rightful owner.

Writ of Possession: This Writ is used as a last resort in property repossessions. This writ allows High Court Enforcement Officer’s to take control of a property, such as a house, if the debtor has defaulted on a mortgage or rental agreement.

You can find out more about Writs, with our Writs of Execution and Writs of Control Study Text when you work towards a CICM Qualification in High Court Enforcement.

Can a Writ be opposed?

Writs can be opposed in some cases. However, it is important to act swiftly and seek legal guidance. The reasons for opposing a Writ might include:

If the debt is not theirs or the amount of debt is incorrect

The debtor has a legitimate defense against the claim

An agreement to pay the debt has already been reached.

What happens when you ignore a Writ?

If a Writ is ignored, it can have significant consequences for the debtor. Here’s what could happen:

High Court Enforcement Officer’s can visit the debtor’s property after the statutory period of the Notice of Enforcement has expired (7 working days) to seize their goods

The value of the seized goods doesn’t cover the entire debt, leaving the debtor with a remaining balance to pay.

Court costs and additional fees can be added to the original debt, which will increase the financial burden

In extreme cases, ignoring a Writ of Possession can lead to the debtor’s eviction from the property.

Hopefully, this blog can give you a basic understanding of Writs. It’s important that you make debtors aware of the action to take upon receiving them. Now, with this knowledge, you can effectively navigate the High Court Enforcement process and recover outstanding debts.

More information can be found on the High Court Enforcement Officers Association website at www.hceoa.org.uk

Authors

Alan J Smith FCICM

High Court Enforcement Group

I am an authorised High Court Enforcement Officer and Director of Corporate Governance at High Court Enforcement Group, the UK’s largest independent company of High Court Enforcement Officers.

I am also the Chair and a director of the High Court Enforcement Officers’ Association. In this role I have been involved in discussions with Government departments on enforcement and worked closely with the Ministry of Justice to develop the new fee scale for High Court Enforcement, introduced in April 2014 and also in the Associations response to the 2023 Fee Review.

I am committed to professional standards throughout the enforcement industry: I sat on the Association’s educational board and worked closely with the Chartered Institute of Credit Management in the development of the Association’s established qualification.

I started my career in local government, working in a number of posts in the General Rates, Poll Tax and Council Tax departments of two local authorities. I realised early on in my career that enforcement was the pathway I wanted to take.

In 1993 I left the public sector to join a Yorkshire Sheriff’s office, passing the Sheriffs’ Officers’ Association examination in 1995 and appointed Sheriffs’ Officer for West and North Yorkshire and Cumbria in that year and was made an Associate Partner in 1999. In the same year I became a committee member of the Sheriffs’ Officers’ Association and was also active on the National Sheriffs’ Campaign working group, promoting the use of Sheriffs’ Officers’ and the High Court for the enforcement of County Court judgments.

After joining a large HCEO company in 2003, I was appointed an Authorised High Court Enforcement Officer by the Lord Chancellor one year later. In 2007, I was promoted to Chief Operations Officer and managed the field enforcement operations through a dedicated support team.

In 2010 I joined a Lancashire based enforcement company to establish a High Court Enforcement department, before moving to High Court Enforcement Group in December 2012, when I joined the management team as Director of Corporate Governance.

LinkedIn:: https://linkedin.com/in/alanjsmithmicm/

Tom Sharman

Senior Marketing Executive, Chartered Institute of Credit Management

I'm passionate about strategy, have an eye for analytics and care about memorable customer journeys through innovative content, campaigns and communications.

I have been recognised as the Advanced Apprentice of the Year by the Peterborough Telegraph, awarded to me as a result of the quality of the work I produced during my apprenticeship - an award that I see as a true testament of my knowledge, diligence, passion and dedication to the marketing profession.

Email:: [email protected]

Understanding Writs

What is a Writ?

What are the three types of Writs of execution?

Can a Writ be opposed?

What happens when you ignore a Writ?

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