Enforcement action: county court proceedings: warrants of execution: applying for a warrant of execution
Cases in the local court
Debt technical office action
Where the claimant debt manager has authorised a warrant of execution
- prepare form N323 (Request for Warrant of Execution)
- enter the details of any known leviable goods of value (for example, a car); the bailiff will rely very heavily on this information when executing the warrant so you need to be careful not to make any statements that may be misleading in any way, particularly about ownership of goods. If you are in any doubt, say the claimant believes that the debtor owns … or may own
- give any other addresses where you know that goods may be found
- prepare an imminent proceedings list
- carry out an RP check (DMBM615040)
- note the computer records
- arrange a cheque for the court fee
- enter the fee on form C17(SAFE)
- send or take the documents to the court
- B/F the case to make sure that the request is followed up.
Before you use IDMS to request a warrant of execution you should establish the amount to include on the warrant. You should also confirm that the names and addresses are still entered correctly in DESIGNATORY DETAILS and agree the claim/judgment details.
Remember to select the court local to the defendant’s address.
Individuals and companies
To apply for a warrant of execution using IDMS where the defendant is an individual or a company
- highlight the master work item on TIS
- click on the [ Proceedings Details ] button
- click on the CCBC Judgment/Warrant tab on the PROCEEDINGS DETAILS screen displayed
- enter the amount of the warrant in the Warrant Amount field
- select the enforcement court from the drop-down list
- click on the [ OK ] button.
A warning message will ask you to confirm that you wish to issue a warrant of execution. If you are satisfied that the warrant details you have entered are correct
- click on the [ Yes ] button
- select the menu option [ forms ] on the menu bar on the PROCEEDINGS HISTORY screen
- select the [ Execution Warrant ] menu item.
To apply for a warrant of execution using IDMS in partnership cases
- follow the procedure as for individuals and companies and also
- select the partner to whom you wish to issue the warrant from the Partner Name field on the CCBC Judgment/Warrant screen.
You can only apply for one warrant of execution for each action through the interface each day. If you wish to apply for warrants for both partners, you will have to do this on different days.
To apply for warrants of execution for both partners
- follow the above procedures for the first partner
- manually B/F the case 2 days
- check Action History to make sure that the first request has been processed successfully
- clear the previous warrant details by using RECORD ACTIONS to record the action ‘CCBC Warrant, Bailiffs Report, Final Return’, together with a free text entry of ‘Warrant dated dd-mm-yyyy not cleared, further warrant issued to other partner’
- follow the above procedures for the first partner but this time highlight the second partner in the Partner Name field on the CCBC Judgment/Warrant screen.