Writs of possession and other writs of execution
By David Asker on
Let's cover the other types of High Court writs that High Court Enforcement Officers (HCEO) such as The Sheriffs Office use beyond the writ of control.
The other High Court writs cover:
- Writ of possession (for landlords and property owners)
- Writ of restitution (for landlords and property owners)
- Writ of delivery (for judgment creditors and brand owners)
- Writ of sequestration (for judgment creditors)
- Writ of assistance (judgment creditors, landlords and property owners)
All of the above retain their individual names but are also known collectively as writs of execution.
Writ of possession
This is issued by the High Court after a judgment or order for possession of either property or land has been awarded.
The CCJ or order can only be passed to the High Court for enforcement if the occupiers are deemed trespassers or special provision is granted by the issuing County Court. An example would be the eviction of travellers or squatters from land or commercial property.
If the judgment or order is issued in the High Court, then it must be enforced by an HCEO.
Writ of restitution
This writ is used if, after the successful eviction of trespassers from commercial property or land under a writ of possession, the trespassers re-enter that property or land again. This writ will allow the HCEO to again enforce and remove the trespassers accordingly.
Writ of delivery
The writ of delivery is most commonly used by companies to recover specific goods that have not been fully paid for and the debtor is in arrears, for example finance companies. The writ of delivery is appropriate where the claimant wants to recover the goods, rather than receive payment for them.
There are two types of the writ of delivery – Form 64, for goods, damages and costs, and Form 65 for goods or value (of the goods), damages and costs.
The writ can also be used in matters of intellectual property to seize counterfeits.
Writ of sequestration
If the debtor fails to comply with an order within the specified time, the judgment creditor may, in certain circumstances, be entitled to a writ of sequestration to obtain payment. The original order requiring payment of the judgment debt must warn the debtor that failure to pay the sum set out in the order may be enforced by writs of sequestration. The original order must be served personally and contain the penal notice.
Writ of assistance
This is a writ issued to assist in the enforcement of a writ of possession or writ of delivery where normal means of enforcement will not be sufficient. An example might be an enforcement agent (EA) seeking documents specified in a writ of delivery which they believe are locked in the safe. The writ of assistance would be awarded to allow the EA to gain access to the safe.
David is an authorised High Court Enforcement Officer and our Director of Corporate Governance