A High Court Writ is a way of transferring a County Court judgment to the High Court, so that monies due as a result of the judgment can be paid to a creditor.
When a County Court judgment is obtained, the debtor should usually pay within 14 days. If they do not, it is possible to apply to the High Court for a Writ of Control, which enables High Court enforcement officers to seize goods to be sold so the debt can be repaid.
There are different types of High Court Writ and a Writ of Control (formerly called a writ of fi fa) is one of the most commonly used in debt recovery.
Debts must be less than six years old and to the value of £600 or for a creditor to be able to transfer a County Court judgment to the High Court.
Duncan Lewis civil litigation solicitors can advise on transferring up a County Court judgment to the High Court so that the judgment can be enforced. A High Court writ can be used to recover debt or enforce a County Court judgment in a wide range of circumstances, including enforcing judgments for commercial rent arrears and recovery of employment tribunal awards. It is also possible to apply for a High Court writ in cases of eviction and repossession of a commercial or residential property.
The debt will be recovered in full – and an 8% interest fee will be added to the debt.
Court fees are also applicable in transferring a County Court judgment to the High Court – currently the court fee for transferring up a Count Court judgment is £60 plus VAT, plus legal costs for executing the writ.
It is not possible to use a High Court writ in certain circumstances, however – including if a debt is regulated by the Consumer Credit Act 1974.
Duncan Lewis civil litigation solicitors can also advise on how to stop a High Court enforcement officer, including applying for a stay of execution or variation, or applying to the High Court to set aside the writ.
For expert legal advice on debt recovery and High Court Writs, call Duncan Lewis Civil Litigation Solicitors on 0333 772 0409.