ABSTRACT
The most commonly used method of enforcement is taking control of goods of the debtor (either individual or corporate) with a view to realising their value by sale and thereby obtaining payment, which is currently referred to as ‘execution’ and will be renamed ‘taking legal control of goods’. Frequently, the threat of execution will be sufficient to produce payment. This process takes place pursuant to a writ of fieri facias (fi fa) in the High Court or warrant of execution in the county court;11 the High Court procedure has generally been seen as more effective. In the county courts, the debtor is sent a letter advising that the creditor has authorised the bailiffs to act. This may well result in payment but, if not, the bailiffs will visit the premises with a view to taking money and/or levying on goods. Goods will be taken into the control of the bailiff with a view to subsequent sale if payment is not forthcoming. In the High Court, the Sheriff’s Officer does not usually send a letter prior to making a visit to the premises. The Sheriff’s Officer can negotiate an instalment arrangement, with the agreement of the creditor, without further reference to the court, whereas a county court bailiff can accept an informal instalment arrangement lasting for only a short time and a more permanent arrangement requires the court’s sanction. Certain goods in the categories which are often described as ‘tools of the trade’ and ‘domestic chattels’ are exempt from seizure under s 15 of the Courts and Legal Services Act 1990. Where goods are seized which the debtor claims should be exempt, or which a third party claims to own, the court may be called upon to decide, in an interpleader procedure, whether the seizure is valid. It will often be the case that there are no goods worth seizing on the premises or that goods apparently belonging to the debtor are discovered to belong to a third party.
