The Importance of High Court Enforcement

High Court enforcement refers to the process of executing a judgment in England and Wales. When an individual or organisation is owed money, such as when a tenant owes rent, the landlord has the option to instruct High Court Enforcement Officers to seize the tenant’s goods.

Execution against goods, or Taking Control of Goods, is a popular method of enforcing a judgment debt over £600. It requires the issue of a court document, which allows an enforcement officer to seize and sell a debtor’s goods (provided they are not exempt goods or do not belong to a third party) to raise funds to satisfy the judgment debt.

High Court Enforcement is a common method of enforcement and is often effective in recouping debts owed. The process can be executed quite speedily, but the outcome depends on the debtor having goods of sufficient value. Examples of goods include vehicles (with a minimum sale value), household equipment and garden assets. However, it is crucial to bear in mind that vehicles are sometimes subject to finance agreements and therefore cannot be removed.

Of course – prevention is always better than cure; which is why we recommend protecting a tenancy with a Rent and Legal Expenses policy which can relieve agents and landlords from the stress and costs of a tenant who fails to pay their rent.

Case Study

In a recent High Court Enforcement case handled by our legal provider, Woodstock, the debtor initially claimed they were unable to pay off the debt in full; therefore, a payment agreement allowing the debtor to make monthly payments toward clearing the debt was established. Unfortunately, the debtor eventually defaulted on these payments, prompting Woodstock to explore alternative options for recovering the owed amount.

They conducted a thorough trace on the debtor and successfully located their property address. Since the debtor was self-employed, an attachment of earnings order was not applicable. Instead, they opted for instruction enforcement agents as the most viable course of action.

Enforcement agents visited the traced property address and discovered that the debtor possessed significant assets. After engaging in dialogue with the debtor, they successfully arranged for the full debt amount to be cleared on the same day. This outcome was a significant achievement and demonstrates how useful and effective High Court Enforcement is.

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