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HMRC internal manual

Debt Management and Banking Manual

From
HM Revenue & Customs
Updated
, see all updates

Enforcement action: county court proceedings: warrants of execution: applications to suspend warrant of execution

A judgment debtor can ask for a warrant of execution to be suspended. They must apply on form N245 (Application for suspension of a warrant and/or variation of an order) and pay a fee to the court. The N245 requires the judgment debtor to

  • make an offer of monthly payments
  • complete a signed statement of their means.

The court will send you a copy of the judgment debtor’s application. If you object to it, you must write to the court within 14 days setting out your reasons. If you do not object to the judgment debtor’s application in time, a court officer will make an order suspending the warrant on the terms requested.

If you object to the application

If you object to the application and your objection concerns only the proposed terms of payment, a court officer will

  • determine the date and rate of payment
  • order the warrant to be suspended on those terms.

If your objection is on other grounds and you require the court bailiff to execute the warrant, the court will fix a date of hearing before the district judge. The claimant debt manager should attend the hearing and present the appropriate evidence. After listening to evidence from both parties, the district judge will make an order.

Reconsideration of suspended warrant of execution

Where a warrant of execution is suspended by order of a court officer either party may apply for the order to be reconsidered. The application will be heard before a district judge who will make an appropriate order.

Priority of reissued warrants

The date of priority for a warrant that is reissued following suspension depends on the circumstances surrounding the suspension. A reissued warrant takes priority from its original date of issue, where it was suspended following an application by the judgment debtor, and you

  • agreed to the request
  • did not respond to the application, or
  • objected to the suspension of the warrant.

However, a reissued warrant will take priority only from the date of reissue where exceptionally, either

  • the warrant was suspended following a request from you or
  • you and the judgment debtor reached an agreement about the suspension of the warrant that was not supported by a court order.