Money Judgment Enforcement

Once you have received the Writ of Control from the High Court, a statutory Notice of Enforcement to the Defendant.

The Notice of Enforcement gives the Defendant 7 clear days (excludes Sundays and Bank Holidays) to make payment (in full).

If the payment has not been made in full after the 7 days, enforcement officers can attend the Defendant's address.

We will try to recover the monies owed. If we cannot recover them, then we can take control of the goods and remove them if necessary. 

No, our enforcement team cannot force their way in.

We can, however, enter through an open door. 

Understanding the roles within the enforcement industry is crucial, especially when it comes to the titles of High Court Enforcement Officers, County Court Bailiffs, and Enforcement Agents. While the term "Bailiff" may still be colloquially used, it's essential to note that its official usage has been largely replaced by "Enforcement Agent".

There's a common misconception about the existence of "Private Bailiffs", but in reality, the industry recognises two primary authorities: the Principal High Court Enforcement Officer and Enforcement Agents. Enforcement Agents can be employed in two capacities: either as civil servants for the County Court or as agents acting on behalf of a Principal High Court Enforcement Officer. Regardless of their employment status, all Enforcement Agents are governed by the same set of statutory instruments and regulations, ensuring a uniform application of their powers.

One key difference lies in the efficiency and speed of the enforcement process. Opting for the High Court route, under the authority of a Principal High Court Enforcement Officer, often results in quicker and more effective outcomes, making it a preferable choice for claimants. This is particularly beneficial in cases requiring swift action, such as evictions or debt recovery.

The role of a Principal High Court Enforcement Officer (HCEO) is a highly specialised one, vested with significant powers by the High Court of England and Wales. These officers are the linchpin in the enforcement of High Court Writs, which can range from recovering debts to repossessing properties. However, it's worth noting that the number of HCEOs is limited, and even fewer are actively engaged in the field. This scarcity is primarily due to the extensive responsibilities and geographical jurisdiction of the role.
Given these constraints, HCEOs often delegate their enforcement powers to Enforcement Agents. This delegation is not a dilution of authority but a practical necessity. The Enforcement Agents act with the same legal powers as if they were the HCEO, ensuring that the enforcement process is carried out effectively and within the bounds of the law. This delegation is a standard practice in the industry, allowing for a more agile and responsive enforcement process.

This system ensures that even if the HCEO cannot personally attend to a case, the enforcement action does not lose its efficacy or legal standing. It's a well-oiled mechanism designed to balance the limited availability of HCEOs with the need for swift and effective enforcement actions.

The cost of transferring a County Court Order to issue a High Court Writ can vary significantly depending on several factors. If you're looking to recover a debt that is owed, the good news is that transferring the case to the High Court is free of charge. However, there is a fixed court fee of £71.00 (VAT exempt) for the High Court to officially seal the Writ of Control.

If, for any reason, the enforcement of the Writ is unsuccessful, you would be liable for a statutory "Abortive fee" of £75 plus VAT. On the other hand, if the enforcement is successful and the debt is recovered from the debtor, all associated costs are borne by them, leaving you free of any financial burden.

When it comes to possession orders, the costs can be more complex and variable. The court fees start at £71.00 (VAT exempt) but can escalate depending on additional associated costs and the specific conditions outlined in your Possession Order. It's crucial to consult with us directly for a tailored discussion that takes into account your unique circumstances, as the costs can differ based on the stage of the legal process you're at and the specific wording of your Possession Order.

This nuanced fee structure is designed to offer flexibility and options for claimants, whether you're pursuing debt recovery or property possession. It's always advisable to seek bespoke advice to understand the full scope of potential costs involved.

The validity of a High Court Writ is contingent on what type of Writ it is. For instance, a Writ of Control, which is commonly used for debt recovery, remains valid for 12 months from the date it is sealed by the High Court. However, this isn't a rigid timeframe; the 12-month validity period resets with each payment made by the debtor. This feature is particularly advantageous if you're relying on a payment arrangement for debt recovery, as it ensures that you're not left in a bind should the debtor default on a payment.

In cases where a default occurs, our Enforcement Agents take prompt action and re-engage the debtor. The Enforcement Agents will serve a statutory 48-hour Notice to Re-Enter the premises, providing the debtor with a final opportunity to remedy the default. If the default isn't rectified within this period, the Enforcement Agent will proceed with further enforcement actions, which could range from seizing assets to initiating legal proceedings.

Now, when the matter concerns a Writ of Possession, there is no documented lifespan. However, it is a direct instruction to our Principal High Court Enforcement Officer directly from the High Court to enforce the High Court Writ immediately.

Therefore, whilst there is no definitive time frame they should be executed as soon as possible, typically this is within days, or a few weeks at most unless there are exceptional circumstances. This flexible system is designed to accommodate the complexities of debt recovery and other enforcement actions. It allows for adjustments based on debtor behaviour while ensuring that your rights as a claimant are not compromised. The aim is to strike a balance between facilitating payment arrangements and maintaining the efficacy of the enforcement process.

While it may be tempting to be present during the enforcement process, we strongly discourage this practice for several reasons. Firstly, your presence could potentially escalate the situation, leading to unnecessary confrontations or disputes with the debtor or occupant. Such confrontations can not only be stressful but also counterproductive, as they may complicate the enforcement process.

Secondly, your attendance could inadvertently hinder the effectiveness of the enforcement action. Our Enforcement Agents are trained professionals who are well-versed in the legal and procedural aspects of enforcement. They know how to handle various scenarios that may arise during the process, from negotiating with debtors to dealing with hostile occupants. Your presence could distract from these tasks and make the enforcement less efficient.

In essence, our primary goal is to achieve the best possible outcome for you, and to do that, it's crucial that our agents can operate without any additional complications. Trusting the expertise of our Enforcement Agents ensures that the process is carried out as smoothly and effectively as possible.

We understand that the enforcement process can be complex and may raise questions that are not covered in this FAQ section. If you find yourself in such a situation, we strongly encourage you to reach out to us for personalised guidance. You can contact us via phone at 0800 689 4356 for immediate assistance. Alternatively, if you prefer written communication, you can email us at info@southeastenforcement.co.uk.

Our team is well-equipped to handle a wide range of queries, from intricate legal questions to specific case-related concerns. Whether you're unsure about the enforcement process, curious about costs, or need clarification on legal terminology, we're here to provide comprehensive and tailored advice. We aim to offer you a seamless and transparent experience, ensuring that you're well-informed at every stage of the enforcement process.

So, if your question isn't listed here, don't hesitate to get in touch. We're committed to providing you with the information and support you need to navigate the complexities of the enforcement landscape.