This is an order directing the Chief Enforcement Officer to seize the debtors' goods to pay the debt(s) and enforcement costs. The Office may issue this type of Order when it appears that there are sufficient seizable goods to satisfy the debt. However, it is the practice (unless the debtor is uncooperative or does not have other direct financial means) that the Office will look for other relevant means of enforcement, e.g.or before issuing this order.
There are limitations for the Office as it can only seize goods owned by the debtor and cannot seize goods such as:
These conditions are all stipulated in the body of a Custody Warrant, a document issued to the debtor which outlines the assets which are under the jurisdiction of the EJO.
Property which may be seized:
The EJO process can be ineffective if it ultimately transpires that the debtor has insufficient means (e.g. where the debtor is in receipt of benefits) and amay result. It is recommend that you obtain a Worth Suing Report or make an Application for Discovery, prior to Full Enforcement action.
In the event that there is more than one judgment being enforced, the EJO will deal with each application in the order in which received by their office. In the event the EJO secures monies from the debtor, these monies will be used to discharge whichever debt has priority.
Billing details for EJO applications are contained in the costs tables for court proceedings. Particulars of the Statutory Scale for Full Enforcement are contained within thesection.
The EJO may issue this type of Order when it appears that there are sufficient seizable goods to satisfy the debt. The order will only be issued for the amount required to cover the debt.
Enforcement Orders will only be issued upon receipt of a Full Enforcement Application. An order for seizure is made by the Master and is carried out by the enforcement officers.
This cost of obtaining this Order is included within your original fee payable to the EJO for your Application for Full Enforcement, which must be paid at the time of you application for full enforcement.
An Enforcement Officer, upon the issue of a Seizure Order, will personally serve this on the debtor with notice that the goods seized may be sold after an interval of 8 days from being advertised for sale unless he pays the amount recoverable on foot of the judgment. If the debtor is not available for service, an application for Substituted Service, by post, can be made. If no objection is received an EJO officer will physically remove goods in accordance with the Order to enable the discharge of the amount due on the judgment, less reasonable expenses for same. The Office will advertise the sale of the goods and if necessary auction same to obtain funds. These funds will be released after a minimum period of 28 days.