Different types of Writs of Execution
Posted on 17th April 2021 at 14:45
While the most frequently used is the writ of execution there are a few others that are used for different situations such as:
Writ of control: This is a version of the High Court warrant of execution used within a County Court. It gives the HCEO the authority to seize possessions of a debtor to settle judgment debts via sale or through payments.
Writ of sequestration: In case a debtor is unable to pay within the deadline, the creditor can file a writ of sequestration to get paid. The original judgement order issues must clearly state that is the debtor does not clear the outstanding it may be imposed via a writ of sequestration. Apart from having it mentioned in the notice, it must be served personally. In the process, the property seized by the HCEO is administered to collect profit or rent.
Writ of assistance: Generally used when not possible to get a Writ of Possession or Delivery. E.g., it can be used to obtain documents that are held in a bank locker or get data from a social media platform when needed.
Writ of delivery: It is the most common and used by businesses and companies in the recovery of certain items that have not been completely paid for. It is used in situations by banks and financial institutions where the claimant prefers recovery of the item over getting paid. It is used on many occasions to impound counterfeit items for companies that have had their trademark violated.
Writ of restitution: It is issued to remove any trespasser when they re-enter any premises or property after having been evicted previously from the same place.
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