What Does it Mean to Get a Warrant of Execution from the Courts
Here is what the actual Warrant of Executions says:
Notice of Issue of Warrant of Execution
To the Defendant
You have not made payment under the judgement as you were ordered. The claimant has therefore asked for a warrant to be issued to the bailiff to seize and sell your goods. Unless you pay the amount due to the county court etc. etc.”
So in other words, because you have not paid the outstanding debt when you were issued with a CCJ, the claimant has now escalated this and asked the courts to instruct bailiffs to attend your address. Basically this means that if you do not pay by a certain date, you will end up with the court bailiffs knocking on your door!
How Do I Stop the Bailiffs Coming to My House
If the creditor of the original County Court Judgment has not received the sums owed to them or agreed payment terms, then they can apply to the court to issue a Warrant of Execution. The Debtor (you?) can apply to the court to suspend the Warrant of Execution and to vary the judgment. This is done via form N245
The document mentioned above and other useful information is listed HERE. Just click on the link and follow the information listed on that page.
If you do have any questions or queries, please feel free to contact me via the contact page on my blog.
What is a Warrant of Execution?
A Warrant of Execution is document that is issued by the County Court that allows the County Court Bailiff to take and sell goods belonging to the debtor. Any funds generated from this action will be used to pay the Judgment debt and also the court fees.Further reading of this post will show what is required to suspend the Warrant of Execution
Stopping a Warrant of Execution
This is also known as Suspension of a Warrant of Execution
Basically if you have missed or not made payments under a judgment, then the creditor can apply to the county courts for the bailiffs to enforce the debt. The Debtor will receive a notice from that courts informing them that a warrant for the seizure of the goods has been issued. This will also include a date for when this Warrant of Execution will take place. In order to prevent a Warrant of Execution taking place, Court Form N245 should be completed and submitted to the enforcing courts. There is also a fee to pay when submitting form N245. I personally would also advise contacting the bailiffs and informing them that you have submitted form N245. Doing nothing is not advised, as you will receive a visit from the bailiffs! An offer of payment should also be included when submitting form N245, even if this is only a token payment of £1 per month. It is also advisable to write to the creditor and inform them of your financial situation, as to why you are not able to pay the outstanding debt in full. Include your in depth income and expenditure to back-up your reason for not being able to pay.
Once the Courts are in receipt of your N245, a copy of this is sent to the creditors and the creditor has 14 days to respond, agreeing to the proposal, or not.If the creditor does not agree to the Suspension of a Warrant of Execution, Then a hearing will be arranged at the Debtors local court. If it does end up that a hearing will take place at your local court, THEN DO ATTEND. This will be your opportunity to present evidence to a Judge as to why you can not pay and also what you propose to offer in monthly payments to prevent further action.
Stopping a Warrant of Execution with Form N245
Here is a copy of a Form N245 to stop a Warrant of Execution. At the time of writing this form was correct, just do a web search to ensure that this form is still relevant.
Stopping a Warrant of Execution Further Reading
The above information is just a brief outline and solution that is available to you. I would recommend that you research as much information as possible from other sites etc. I would also recommend that you get hold of an up-to-date copy of the Debt Advice Handbook (listed below). The Debt Advice Handbook will not only tell you what can happen next, but also what you can/should be doing to sort the problem out.
|Debt Advice Handbook To understand the law relating to Debt, this is a must have book! It contains the essential information needed by advisers dealing with debt problems.|
|Defending Possession Proceedings: is the key ‘homelessness prevention’ handbook|
|How to Get Out of Debt is an eight-stage strategy that enables readers to pay off debt and fix their finances for good. This book has it all covered.|
|How to Live for Free - I have done a full review on the book here: How to Live for Free|
|The Money Diet - revised and updated: The ultimate guide to shedding pounds off your bills and saving money on everything!|
|Bankruptcy, Insolvency an the Law is a concise guide to the processes underpinning bankruptcy and personal insolvency.|