Obtaining a warrant of control from the court gives a court enforcement officer the ability to attend your debtors address to either:
Making an application for a warrant of control will only be successful if your debtor has:
To make an application your debtor must have:
Generally, for judgments over £600 Mercian Law recommends instructing a high court enforcement officer. The enforcement officer cannot remove:
The goods must be worth enough to pay the judgment and the enforcement officers fees and auction costs. Goods seized and sold at auction generally raise less than the market value. Because they do not fetch much at auction, second-hand furniture & electrical items are generally not seized.
If your debtor applies to the court to suspend the warrant. You can either:
If your debtor fails to make payment in accordance with a suspended warrant you can apply to re-issue the warrant. A warrant of control is usually unsuccessful because:
If your warrant has been unsuccessful and you have an alternative address for your debtor, you can reissue the warrant.
Warrants last for one year but they can be extended in exceptional circumstances and upon the payment of a court fee.
Before you decide to go ahead with an application for a warrant of control, consider the likelihood of you getting your money and the court fee from your debtor. Mercian Law cannot guarantee that you will be successful, and our fees & the court fee will not be refunded if your application is unsuccessful.