Few situations are as unsettling as discovering that enforcement action is being taken against you by a High Court Enforcement Officer or Bailiff-particularly when it arises from a County Court Judgment (CCJ) you weren’t anticipating. In these moments, it’s completely natural to feel uncertain and anxious about what steps to take next.

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Whether you are a professional business owner, partnership or business practice you have options. We share 5  simple effective  steps for you to  learn about and respond quickly to  safeguard your rights and possibly stop the enforcement process which can greatly improve your chances of achieving a positive outcome.

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So let’s dive in:

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Step 1. What are Your Rights and the Notice Period?

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The key to protecting your rights is to recognise that an HCEO must issue a correctly formatted written notice seven clear days prior to any visit. This brief period will allow you to organise a response or to seek legal advice. It’s important to also note that the writ or warrant stays valid for a year. I would encourage you to address the matter urgently once you have received the notification

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Step 2. Applying  for a stay of Execution

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If you need more time or believe you have valid grounds to challenge the enforcement, you may apply to the court for a stay of execution to temporarily suspend the wit or warrant. This pause provides critical breathing space while the court considers your situation.

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For example, we helped a client secure a stay of execution of a writ. He argued that the Notice was deemed invalid as it was addressed and posted by the enforcement agent to Flat F of the same block, instead of Flat E where our client resided. The High Court deemed the Notice defective, and the judgment Creditor was ordered to pay our clients costs.

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An application in Form 244 should be filed with the court alongside robust supporting evidence. This is crucial, as the court will want to see why enforcement should be delayed. If you would like to know more about strengthening a witness statement, check out our other resources here

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Step 3 Request to vary the payment terms

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When immediate full payment isn’t an option, you can apply to the court to adjust the payment terms-for example if you run a business practice that has on going supply demands, then you may propose a structured instalment plan. To do this submit a Form N245 with a thorough breakdown of your business financial situation, dealing your earnings and outgoings to demonstrate affordability. If approved the enforcement will be paused on condition that you adhere to the agreed repayment plan.

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Step 4 Challenge the County Court Judgment (CCJ)

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If you believe that the CCJ was granted unfairly, issued incorrectly, or was granted without your knowledge you have the right to have it revoked or set aside. Proceed by filing an application with the court with supporting evidence and your defence. Why is this step so critical? The enforcement action linked to your case will immediately stop unless the court specifies otherwise. Check out our free resource for making an application to set aside a CCJ here

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Step 5 Pay the debt directly if possible

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Paying directly to the creditor is possible. Do not pay the debt directly to the enforcement agent unless instructed by the court as this could complicate matters ang may result in you paying unnecessary fees.

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Key considerations for success

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Ultimately, preventing an enforcement action will hinge on three critical actions by you.

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• Responding quickly

• Thorough understanding of the legal pathways available to you

• The submission of well organised evidence

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Whether you are seeking a stay of execution, a variation of the payment terms, or you wish to set aside a judgment CCJ, each of the steps serves to protect your rights and improves your chances of a fairer outcome.

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If you are unsure about any part of the legal process, contact us to work out your options to move forward and safeguard your rights