HCEOs are responsible for the enforcement of the most popular writs of execution, the most popular being the “Writ of Fieri Facias”, or “Writ of Fi Fa” which provides for the seizure and sale of the judgment debtor’s goods. The term “writ of execution” applies to several other writs including:

• The “Writ of Possession” – for the recovery of land after an order for possession
• A “Writ of Assistance” – which is usually used in the execution of a writ of possession
• A “Writ of Restitution” – which is used to restore the position after the execution of a Writ of Possession

Rarer forms of Writ include:

• A “Writ of Venditioni Exponas
• A “Writ of Distringas Nuper Vicecomitem
• A “Writ of Fieri Facias de Bonis Ecclesiasticis
• A “Writ of Sequestrari de Bonis Ecclesiasticis
  
  

The success of your Writ of Fifa can be positively improved by sending all the available information about the location of assets, and the whereabouts of the judgment debtor to your HCEO as part of your initial instructions.

If a choice has been made to use HCEOs then it is important you give some thought to your type of judgment debtor and the type of goods they may have available.

For example if the judgment debtor lives in a modest home and drives a modest car, then the judgment creditor can expect to see a report from the HCEO outlining what happened when the HCEO attended the judgment debtor’s address. If goods cannot be found, or the judgment debtor will not open the door to allow the enforcement officer access then this should be reported early on in the execution of the Writ.

If the judgment debtor has a factory, warehouse, office, or shop then as these premises on the face of it constitute “commercial premises”, an HCEO can force entry to take legal control of goods. Again if the judgment creditor visualises the goods available such as stock, plant and or machinery, then it is these items that the HCEO will be expected to find and take into legal control.

Of course it is not always possible to visualise what goods may be available. Sometimes the judgment creditor is acting on no much than a “hunch” that execution against goods is the only choice available and it may be by pure chance that goods are found and are then made subject to the legal control of the HCEO.

Either way, information relating to the judgment debtor’s address, telephone contact number and nowadays even email can make the difference between making contact with the judgment debtor and taking legal control or not.

Judgment creditors should be encouraged to look at their files and papers to establish as much information about available addresses and contact details as possible, and in doing so may of course consider another concurrent method of enforcement perhaps such as a Charging Order

A writ of fi fa can be issued immediately after the court’s judgment or order is made to enforce a judgment or order for either the payment or recovery of money and or costs by the successful party – subject to the points made below.

Unless any stipulations are attached to the judgment or order, there is no need to seek the court’s permission to issue the writ and no need to give prior notice to the judgment debtor that a writ of fi fa has been issued.

CPR 40.7(1) expressly states that a judgment or order takes effect from the day when it is given or made, or any later date which the court specifies.

A straightforward judgment without any other stipulations, can therefore be enforced immediately using a Writ of Fi Fa. However there may be occasions when immediate enforcement cannot be initiated – for example:

• if the judgment contains directions allowing payment within a specified time, the writ of fi fa cannot be issued within that specified time
• if the judgment contains directions regarding service on the judgment debtor, then the writ of fi fa cannot be issued until service of the writ has been effected and proof of service has been lodged with the Court
• if the judgment or order is conditional, the writ can only be issued once the judgment debtor has defaulted in complying with any such conditions