Warrant of Execution
This is a request to the County Court Bailiff to call at the Debtor's home or business premises and remove goods for sale. The purpose of the Warrant is to recover sufficient money to pay off the amount outstanding under your judgement. Second hand goods do not make very much money when sold in this way and the process can be very time consuming.
If you want to request a Warrant of Execution you must send a completed form (N323) to the Court with a fee of £55 (where the sum to be recovered is more than £125).
A Warrant of Execution will only issue in the County Court for sums up to £5,000. If the amount involved is greater you will need to transfer the judgement. to the High Court and ask the Sheriff to enforce the judgement. for you. With an amount of this size it is advisable to obtain legal advice before proceeding.
A Bailiff cannot force his way into a Debtor's premises in order to enforce a judgement. A Bailiff cannot remove items which the Debtor needs for his job or business such as tools of his trade. A Bailiff cannot take essential household items such as clothing or bedding. A Bailiff cannot take items which do not belong to the Debtor because for example they are rented or on hire purchase.
Many Debtors confronted with a Warrant of Execution will apply to suspend the Warrant and make an offer of payment by instalments. You will be informed of that offer which if not accepted will be the subject of a Court hearing to decide whether it is a fair proposal or not.
If the Bailiff is unable to remove sufficient items to cover the amount of your claim you may ask him to try other addresses but will have to pay a further fee. Although the Bailiff's fees are added to your claim and payable by the Debtor they are not returned to you if no money is recovered.