When you have already made the decision to take someone to court in order to force them to pay you what they owe, it doesn’t always mean that the debtor is going to pay when they get the county court summons or high court writ (if you are suing for a larger amount).
What Is A High Court Enforcement Officer?
After issuing court proceedings, the next step is to obtain judgment on a debt you are owed if the debtor doesn’t pay. This process is when the court agrees that the debt has to be paid and judgment is awarded in your favour.
This gives you the option to use an enforcement agent to seize assets from the debtor to be sold at auction so that you can be paid the proceeds from that sale to clear the debt.
A high court enforcement officer is often considered to be more efficient in recovering your debt than a county court bailiff, and that is why we think it makes sense to apply for a writ of control.
What Is A Writ Of Control?
A writ of control is when you transfer the unpaid county court judgment to the high court, allowing you to then instruct an enforcement agent. The Bowsers Solicitors Wisbech office or the Bowsers Solicitors March office will be able to help you with this debt recovery procedure.
Why Use A Writ Of Control?
If someone is not paying you the money back that they owe, despite taking them to court, a writ of control can be an excellent option to consider because it gives you the opportunity to use an enforcement agent to recover goods and other assets to cover the value of the amount you are owed.
There are additional costs attached to instructing a high court enforcement agent, but it can often prove to be a cost-effective decision that forces the debtor to pay what they owe if they are ignoring the CCJ (county court judgment) order.
Transferring your debt to the high court could be key to a successful collection outcome and the debtor will have to pay the costs as part of the total amount they are forced to pay, so it is an option that is well worth considering, especially if you know they have assets.
Please see our debt recovery enforcement methods guide for more information about your options, or talk to us about how we can help you use an enforcement agent to get your debt paid.
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