Home arrow FAQs arrow Warrant of Execution FAQ

Warrant of Execution FAQ

Written by Amelia Watts   
Monday, 13 August 2007

What is a Warrant of Execution?
A Warrant of Execution is an order made by the court to remove at your creditors request goods or money to cover the debt.

Why can my creditor take this action?
Your creditor would have already applied a County Court Judgement for the debt they are owed. You have either failed to meet the payments as agreed or have not responded to their request for payment.

Who actions such an order?
Your creditor would have to apply to the court detailing the judgement number date and request action be taken to secure the debt they are owed. This will be action by the court and a Bailiff will be instructed to visit your address.

How can I stop this action?
The action can be stopped by either paying off in full the balance owing to your creditor, by letting the bailiff remove goods to be auctioned (remember they normally do not get the true value for the goods and monies may still be due) or you can apply to the court for an Administration Order if you have more than 2 creditors.

I can not afford to pay what they are claiming - what can I do?
If you can not pay the amount outstanding or do not own goods that can be sold to help pay off your debts you can ask the court to suspend the warrant, in doing so your creditor will have to agree to your suggested payments or they can ask the court to decide how much you should pay.

I do not own the property in my rented flat. Can they still remove these items?
As long as your tenancy agreement shows an inventory of the items included, bailiffs will not remove what is not yours.

Will I get any monies returned if they sell my things for more than what is owed?
This would be very unlikely as goods would not normally fetch as much as they are worth at auction.

Can they take my car as it is still on Finance?
No if the goods are still under a finance agreement they can not be removed.

My partner does not know about my judgement. Can they take jointly owned property?
Yes, they can take jointly owned property if they believe they will be worth something at auction.

How long does a Warrant of Execution last for?
A Warrant of Execution would normally last for up to a year or until satisfied as long as it does not exceed 12 months.

Last Updated ( Friday, 24 August 2007 )
 
< Prev   Next >