Taking control of goods

Question 1

briefly, what is this?

Answer 1

Goods seized + sold at auction. Debt + costs deducted & surplus given to JD

Question 2

what is needed to take control of goods?

Answer 2

Requires warrant of control (CC) or writ of control (HC) to enforce judgment

+ court permission if attachment of earnings order in place

Question 3

what is the financial jurisdiction of each court?

Answer 3

Case will need to be transferred from CC to HC if outside CC’s financial jurisdiction:
o Judgment court CC & less than £600 = CC
o Judgment court CC & £600 - £5k = CC or HC
o Judgment court CC & over £5k = HC
o Judgment court HC = can enforce judgment of any value

Question 4

what items are exempt?

Answer 4

Exempt items (i.e. cannot be taken) (n/a to partnerships + companies)
o Items for JD basic need i.e. clothing, bedding, furniture
o Items for JD work/study up to a total value of £1,350

Question 5

what is the position regarding jointly owned items?

Answer 5

Jointly owned assets can be seized but ½ proceeds must be given to other owner

not inc. leased/hired items - these cannot be removed because JD doesn’t own these

Question 6

what powers of entry do enforcement agents have?

Answer 6

Enforcement agents cannot force entry into homes but can use reasonable force to enter business premises (if no accommodation attached)