If an individual or business has won a judgment against a debtor they can apply for a Writ of Control to enforce that judgment. But exactly what is a High Court Writ of Control and why would anyone pursue this method of settling a debt?
What is a High Court Writ of Control?
In cases where a debtor challenges the validity of a debt, the claimant’s first option is to obtain a County Court Judgment for the money owed. However in some cases, even after a County Court Judgment is secured and a Warrant of Execution has been obtained, the debtor will remain defiant, refusing to pay. If the amount in dispute is greater than £600, the County Court Judgment can be transferred to the High Court.
The High Court then issues a Writ of Control which is then assigned to a High Court Enforcement Officer whose job will be to enforce the Writ. Execution of the Writ means that either the money owed is recovered from the debtor or assets are removed and liquidated to satisfy the debt. In most cases, however, things do not get to the point where assets are seized.
Why Bother With a High Court Writ of Control?
Many wonder why, if a creditor has already secured a County Court Judgment regarding a debt, they would bother with a High Court Writ of Control? It’s a good question and there are equally good reasons behind taking this additional step.
One of the primary benefits of having a Writ of Control is that it provides additional powers of enforcement over what are available with a County Court Judgment. As such, debts are typically settled faster than with a County Court Judgment, making it a more cost-effective approach to collecting a debt
A specialist enforcement company like MS Webb is often empowered by the court to enforce the claim. In most cases, they move quickly to assume control of the debtor’s assets and, if necessary, liquidate them. Vehicles, electronics and other equipment are all susceptible to seizure and liquidation until the value of the judgment plus interest, court fees and related costs are fully recovered.
Contact MS Webb
If a debtor is being particularly obstinate, MS Webb can help. As certified enforcement agents, we can execute a Writ of Control in an expeditious fashion and return to you what is owed. Call the pros at MS Webb on 0844 544 4804 to learn more.