High Court Enforcement Officers (HCEOs) (often referred to as Sheriffs) are authorized by the govt and must have Associate Membership status of the supreme court Enforcement Officers Association (HCEOA) to perform their duties. HCEOs abide by the National Standards for Enforcement Agents.
High Court Enforcement Officers (HCEOs) are liable for the enforcement of the Writs of Execution issued out of the supreme court.
High Court Enforcement Officers (HCEOs) are authorized to get rid of and sell an individual’s possessions so as to pay money owed to an individual or organization. In some cases, they’ll even have the authority to conduct evictions and arrest people.
They are authorized to execute supreme court writs under the provisions contained in Section 99 and Schedule 7 of the Courts Act 2003.
HCEOs have differing roles, counting on the person or organization on whose behalf they’re working. Leaflet EX345 About Bailiffs, Enforcement Officers and Enforcement Agents have detailed information on their responsibilities, how they work, and the way to form a complaint about them.
Fast Judgment Enforcement
A judgment claimant doesn’t get to seek the Court’s permission to issue the Writ unless there’s a stipulation attached to the judgment or order and there’s no got to give notice to the judgment debtor that a Writ of Fi Fa has been issued. Judgments with no stipulations are often enforced immediately employing a Writ of Control.
Civil Procedure Rules (CPR) 40.7(1) expressly state that a Judgment or Order takes effect from the day when it’s given or made, or any later date which the court specifies.
When immediate supreme court enforcement can’t be started
Where a Judgment or Order contains directions allowing payment within a specified time – the Writ can’t be issued until the time specified has elapsed.
Where the Judgment or Order contains directions regarding service on the judgment debtor – the Writ can’t be issued until the Judgment or Order has been served and proof of service has been lodged with the Court.
Where the Judgment or Order is conditional, the Writ can only be issued once the judgment debtor has did not suits the conditions.
The Rights of Entry For an HCEO
Rights of entry vary counting on whether the property is residential or commercial.
Residential property is often entered via any open/ unlocked doors or windows or by climbing perimeter walls and fences. The HCEO may break down interior doors where necessary. If he’s forced from the property then he can force re-entry. He can force entry into garages or other outbuildings that aren’t attached to most residences.
The HCEO has further rights over commercial property. He can force entry on a primary visit to levy on (take control of) goods and on subsequent visits to get rid of the products. Where the property is rented he must contact the owner before forcing entry.
Further, he may visit the house of a corporation director if he believes goods belonging to the corporate (eg a car) could also be found there. He can also enter the premises of a 3rd party (with prior consent) if he believes goods belonging to the debtor are to be found there.
If consent is refused and therefore the HCEO believes the products are taken there to avoid execution, he may force entry.
There is an extended list of things that will be controlled by the HCEO, including vehicles, stock, and machinery to jewelry, firearms, and livestock.
Controlled Goods Agreement
If an HCEO has taken control of products, they legally not belong to the judgment debtor. If an HCEO leaves things with the judgment debtor under a Controlled Goods Agreement, the judgment debtor may keep it up using them. But they need to not:
If they do, are often this is often against the law, and that they can be taken to court for disobeying a writ. this is often called contempt of court.
The law on contempt is partly begun just in case law and partly laid out in the Contempt of Court Act 1981. A judge may impose sanctions like a fine or jail for somebody found guilty of contempt of court.
A judge may imprison the offender for a maximum of 1 month, fine them up to £2,500, or do both.
Transfer of a County Court Judgment (CCJ) to the high court for enforcement
If you’ve got a County Court Judgment (CCJ) for £600.00 (including costs) or over you’ll transfer it to the high court for enforcement by a high court Enforcement Officer.