DMBM668370 - CCP: Claim made after you have issued a warrant of execution or writ of fi fa
Where you are informed of a late claim to relief after the issue of a warrant of execution or writ of fi fa, you need to take some immediate action even though the claim may not have been resolved.
Claim not yet settled
Inform the debtor in writing that you will suspend the execution of the warrant pending settlement of the claim, provided that, within 5 working days of receipt, he pays into court
- the warrant of execution fees and
- outstanding execution costs (these are further to the court fees for issue of the warrant)
The deemed date of receipt is five working days after issue.
If payment is made within 7 working days ask the court to suspend the warrant. When the claim is determined, re-issue the warrant.
Warrant issued for part of judgment debt
If the Inspector advises you of a late claim to relief, check with them whether, if the claim is allowed, the amount remaining in the judgment debt is equal to, or greater than, the amount of the warrant. Where this is the case, advise the debtor that the claim to relief will not effect the warrant of execution already issued.
Where the amount outstanding is less than the amount for which the warrant was issued, notify the court of the discharge and ask them to execute the warrant for the reduced amount.
Warrant issued for whole of judgment debt
Where you are informed of a late claim to relief, telephone the court immediately and check whether the bailiff has incurred any execution costs and that the court does not object to you proceeding as follows;
Judgment debt discharged in part
Where the judgment debt is discharged in part, and a balance of the judgment debt remains outstanding, you should inform the debtor that you will halt the execution of the warrant if the balance of the judgment debt, and the outstanding execution costs, including the issue fees, is made within 5 working days. If payment is made within 7 working days notify the court of the discharge. Otherwise, notify the court of the discharge under CCR042 r10 and ask the court to execute the warrant for the reduced amount.
Where the judgment debt is discharged in part, and the balance has been paid, make one application for any unpaid costs. If unpaid, treat the costs as irrecoverable.
If an amount becomes repayable as a result of the amendment set it off against the unpaid costs.
Judgment debt discharged in full
Where the judgment debt is discharged in full, withdraw the warrant and write off the costs. You should notify the court that the action is now closed.
