Please find detailed below a list of various writs, some popular, some less so.

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Writ of Fieri Facias (often known as ‘Fi-Fa’ [fy – fay])
This is a writ of execution issued by the High Court after judgement or order for money has been awarded. As High Court Enforcement Officers we are commanded to “seize in execution the goods, chattels and other property of the defendant” sell them to raise the sums required, our fees, costs and charges and interest if applicable.

In reality the very threat of removal and sale of seized goods usually prompts payment.

The writ of fi fa is soon to be known as a writ of control.

For additional information please click High Court and CCJ Enforcement.

Writ of Possession
This is a writ of possession issued by the High Court after a judgment or order for possession of either property or land has been awarded. It can only be passed to the High Court for enforcement if the occupiers are deemed trespassers. An example would be the eviction of travellers or squatters from land or a property.

These are often combined with monetary orders allowing enforcement and the seizure of goods in the same manor as with a writ of fi fa as detailed above.

Residential possessions must be passed to the County Court Bailiffs to execute. Unfortunately, there is usually a backlog and it can often take many months for them to evict the tenant.

Less Common Writs

Writ of Delivery: Issued for the recovery of goods and property. An example of this was the recent recovery of vehicles for a finance company, commonly known as a ‘repo’.

Writ of Restitution: The eviction of a trespasser after they re-entered a property/premises after a previous eviction.

Writ of Assistance: Usually issued where it will or has proved impossible to execute a Writ of Delivery or Possession. An example is where a Writ of Assistance was used to force open a safe where the Sheriff believed documents, subject to a Writ of Delivery, were being held. Another example was to allow the Sheriff to remove data from a computer database and deliver it to the claimant.

Writ of Ne Exeat Regno: A Writ of equitable bail, issued prior to judgment and may only be sought when a creditor fears that the reputed debtor intends to leave the country with the prime object of avoiding judgment and the subsequent execution. This is a very rare Writ and we only know of two being issued. (Burerex Securities Ltd vs Gilbert (1976); Mainchance Ltd vs Porcu & Others (1985).

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