JARGON BUSTING.........WRIT OF FIFA!

Writ of FiFa is derived from the Latin term “fiery facias” and forms part of the law of execution; this is another solution after a judgment has been issued. A Writ of FiFa is the High Court equivalent of a Warrant of Execution, but unlike a Warrant of Execution it does not require any notice to be given. County Courts do not have the authority to issue these Writs. It is an order to the authorised High Court Enforcement Officer to seize assets and sell the possessions of the debtor to enforce the money judgement whether that be commercial or residential premises.

The minimum amount a Writ of FiFa can be issued for is £600. Court Fees and Statutory Interest may also be added to the original Judgement once the Writ of FiFa has been issued.

Once a Judgement has been issued and remains unsatisfied a Writ of FiFa may be issued without notice to the debtor, once the petitioning creditor has paid a fee.

A High Court Enforcement Officer is allowed to enter premises to levy execution. However, as with all bailiffs they are not entitled to enter domestic premises where they are denied permission to enter BUT the High Court Enforcement Officer is allowed to enter by “peaceable” means – through open windows, unlocked doors etc. Commercial premises are different and they are allowed to gain entry (peaceable or not) as long as the residential property is not connected i.e. multi-use (pubs etc). Upon lawful entry into the premises any internal doors, cupboards or windows may be broken in order to execute the Writ.
On the rare occasion that entry is unlawful, the sale of goods collected IS lawful and therefore will be sole to execute the judgement. The High Court Enforcement Officer would / could be pursued by the debtor for trespass.

If you would like further information about Writs of FiFa then please do not hesitate to get in touch for an informal chat.

0800 4 96 95 94 or EMAIL