writ of control

Writs of control for one of the writs of execution, which are used to satisfy a judgment debt which has not been paid. The writ entitles a High Court Enforcement Officer (formerly a sheriff) to enter upon commercial or residential premises to seize goods with a view to selling them to enforce a money judgment against judgment debtor’s assets. County Courts do not have jurisdiction to issue these writs, however the equivalent form of the order in that court are warrants of control.

Writs of control

When a judgment debt remains unsatisfied, this method of execution may be issued by a court without notice to the judgment debtor (a feature in common with charging orders) upon paying a fee. Once in receipt of the writ a warrant will be sealed and issued by a High Court Enforcement Officer. An agent of an enforcement officer then attends the premises of the judgment debtor and the assets seized.

Priority of Claims

Once a writ has been issued, a High Court Enforcement Officer becomes vested with the legal right to seize the goods for sale, to satisfy the amount specified in the writ. A bona fide purchaser paying valuable consideration, without notice of the writ will be able to acquire a better claim of title to the goods and defeat a claim by the High Court Officer. Thus it is important to ensure that measures are taken to maximise the prospects of a purchaser having notice of the writ or other enforcement order securing the goods; the measures to be taken rely on the property made the subject of the order.

If it is the case that the debtor deals with goods subject to the writ after being served, a High Court Enforcement Officer maintains the right to seize the goods from subsequent owners, subject only to whether the later owner (1) they acquired them with notice of the writ (or other enforcement device) and remained unexecuted at the time, and (2) for valuable consideration.

Entering Premises to Execution the Writ

A High Court Enforcement Officer is entitled to enter premises for the purposes to levy execution, including those of third parties holding goods. They are not entitled to enter premises where, upon making a request and being denied permission to enter to force or break premises to obtain access to levy execution; he is able to enter by peaceable means - locked doors cannot be unlocked or broken.

This exception does not extend to premises which are not the usual place of abode of the judgment debtor, and includes business premises where they are not connected to the place of abode. Upon lawful entry to premises, internal doors, windows, cupboards may be broken where reasonable to do so in order to execute judgment. Even of the entry is unlawful, the sale of goods collected during the visit is lawful and remains untainted; it is the enforcement officer may be pursued by the judgment debtor for trespass.

Endorsement by the enforcement officer is completed by writing the time and date that the goods are seized on the back of the order. This determines the priority of writs, including multiple writs over the same property endorsed on the same day.

Interpleader

Where a third party alleges that it is the owner of the goods and not available to a High Court Enforcement Officer to satisfy the judgment which is the subject of the writ, the third party is able to apply to the Court by interpleading against the judgment creditor that the goods a are not those owned by the judgement debtor.