A growing number of businesses have had issues where High Court Enforcement Officers attend their businesses to seize goods based on a judgement the business owner themselves was unaware of. This can happen for many reasons, including court paperwork being sent to an incorrect address.
Being visited by court enforcement officers can be distressing, but there are steps you can take to resolve the situation without having goods taken, and with minimal disruption to your business:
- Do Not Allow The HCEO Entry Into Your Business
If you permit the officer to enter your business, they have the option of seizing goods in order to satisfy not only the debt, but also the court costs and any interest on the debt.
- Confirm The Validity of the Court Order
High Court Enforcement Officers are required to provide documentation to prove they have the authority to take control of goods. When presented with this paperwork, call the courts and ask them to confirm the order.
- Check Whether The Debt is Yours
One common reason for HCEOs to visit a business unexpectedly is to enforce a debt that is not actually owed by that business. The debt may belong to a customer or a tenant, and the bailiffs contact the wrong people. If you have reason to believe you are being pursued for a debt that is not yours, contact the court to ask for information about the debt.
- Communicate With the Enforcement Officers
Enforcement officers are required to abide by a code of conduct, and will usually respond well to polite communication. Explain to them that you need time to verify the court ruling before you’ll be able to make payment.
- If You Owe The Debt, Make A Payment Arrangement
If your investigations confirm that you don’t owe the debt, dispute it as quickly as possible to prevent further visits from the enforcement officer. You may need to apply to the court to ask them to set aside the judgement. If you do owe the debt, pay it immediately. If you can’t do this, contact the enforcement officers and ask them to make a payment arrangement with you. As long as you stick to this payment arrangement, you won’t have to worry about further visits.
Enforcement officers must give seven days notice before coming to your property. This notice is usually sent in the post. Make sure you are checking your mail regularly and that if you have a larger premises where multiple people handle the mail, the correct person to respond to these notices is aware of what is going on.
If you’re concerned that you might have had a judgement entered against you in error, check the court register to confirm all information on it is accurate, and learn of any judgements against your business.
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