Our last blog ‘What is a High Court Enforcement Officer‘ highlighted the responsibilities and Writs of Execution dealt with by the High Courts. Although the Writ of Control (formerly Writ of Fieri Facias or the Writ of Fi Fa) was mentioned, the Writ of Execution also applies to several other writs including:
Writ of Possession
A Writ of Possession is given by the High Court after an order of property or land has been issued. Once an ‘Order of Possession’ has been obtained, occupiers can be evicted; this includes, for example, evicting squatters or travellers from land or property. The Writ is only granted if the occupiers are trespassing, or if special permission is granted from the County Court. This is often combined with the ‘Writ of Possession and Control’ which refers to the recovery of both land and money.
Writ of Delivery
A Writ of Delivery refers to the recovery of specific assets. This normally refers to goods that have not been paid for, and so the claimant wishes to recover or ‘claim back’ goods as opposed to receiving payment.
Writ of Assistance
A Writ of Assistance is also often used to assist a Writ of Possession. It also common to obtain a Write of Assistance when a Writ of Possession has proved impossible to execute. For example, a Writ of Assistance could be used to retrieve data from a computer, subject to another writ (a Writ of Delivery for example.)
Writ of Restitution
A Writ of Restitution is issued after a trespasser has re-entered land following a Writ of Possession. This, again, can refer to the eviction of squatters and travellers.
Writ of Sequestration
If payments are not met within an allocated time frame, claimants may be entitled to obtain a Writ of Sequestration. The original agreement or order must state that failure to pay by a specific time may result in Writs of Sequestration.
Writ of Control
A Writ of Control is issued in the High Court after judgement has been obtained for legal action involving debt and damages. This writ is then addressed to the HCEO, obligating them to collect debt owed through payment or suitable assets.
If you require more information about Writs of Execution, or need more information to decide which Writ is most suitable to your situation, visit this website.
If you require High Court Enforcement Officers, contact us at High Court Solutions today!