The shirt off his back
by David Carter on 14 July 2011
As Authorised High Court Enforcement Officers (HCEOs) we have, on many occasions, been asked to seize items that are being worn by the debtor.
These items may include expensive designer clothing, watches or other jewellery. However, whilst the debtor may own these items, seizure isn’t as simple as it may sound.
The writ of fieri facias commands the HCEO to seize the goods, chattels and other property of the debtor. Case law states that this does not extend to “wearing apparel on a man’s person”. Therefore, if an item is actually being worn at the time of seizure, the HCEO is unable to seize it at present.
Complications can arise when items that were lawfully seized at a prior attendance are now being worn. Whilst the HCEO has the right to remove the item if payment is not forthcoming, physical removal could put the HCEO in danger of various criminal accusations.
In such circumstances, the HCEO would always request that the seized item be handed over. He may also request Police attendance.
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Disclaimer: The statements and opinions expressed in this article are those of the author and do not necessarily reflect those of Sheriffs High Court Enforcement Ltd, trading as The Sheriffs Office. Sheriffs High Court Enforcement Ltd does not take any responsibility for the views of the author. The author will not be held responsible for any comments posted by visitors to this site. Please note that this article does not constitute legal advice. The author has used his best endeavours to make this article as accurate and complete as possible, but requests that the reader be aware that the law of England and Wales frequently changes. The author strongly advises the reader to take legal advice before embarking on any enforcement action.
