Bailiff enforcing judgment over 6 years old? Know your rights

Enforcement of judgment debts more than six years old

Limitation under the Limitation Act 1980

Where a creditor seeks to enforce a judgment that is more than six years old, the law imposes a strict prohibition upon the issuance of enforcement proceedings without the court’s permission. The key statutory provision is section 24 of the Limitation Act 1980, which provides in clear terms that no action shall be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable. In addition, section 24(2) prohibits the recovery of arrears of interest in respect of any judgment debt after the expiration of six years from the date on which the interest became due. These provisions impose a mandatory bar, not merely a procedural hurdle, and reflect the longstanding principle that stale claims ought not to be resurrected by process of enforcement without judicial scrutiny.

Transfer to the High Court does not extend time

Where the judgment has been transferred to the High Court for enforcement by writ of control, that act alone does not revive or extend the six-year limitation period under section 24. The issuing of a writ of control after six years from the judgment date requires the express permission of the court. This is a procedural safeguard embedded in Civil Procedure Rule 83.2(3)(a), which provides that a writ must not be issued where six years or more have elapsed since the date of the judgment unless permission has first been granted. That rule applies to writs of control and other forms of enforcement alike. The application for permission is governed by Civil Procedure Rule 23.10, which requires a formal application on notice, supported by evidence.

Expiry and extension of the writ of control

Even where a writ of control has been issued within the six-year limitation period, its life is not indefinite. Civil Procedure Rule 83.3(3) makes plain that a writ of control shall remain in force for a period of 12 months beginning with the date of its issue. Rule 83.3(4) permits an extension of that period by a further 12 months upon application, but again only with the court’s permission. Therefore, once that period has expired, the writ becomes a nullity unless extended in accordance with the rule.

Time limit on taking control of goods

Moreover, even if the writ itself is valid, the enforcement agent must act within a limited timeframe. Regulation 9(1) of the Taking Control of Goods Regulations 2013 provides that an enforcement agent may not take control of goods after the expiry of 12 months from the date of the notice of enforcement. This statutory deadline is absolute and cannot be circumvented by continuing correspondence or threats of enforcement. Further, paragraph 6(3)(c) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 affirms that the power to take control of goods ceases when the prescribed period expires.

Checking the validity of enforcement

In practical terms, a debtor should verify the date of the judgment from the court record. This can be obtained from the Registry Trust, which maintains the register of judgments on behalf of HM Courts and Tribunals Service. The next step is to examine the date of the writ of control and the date of the notice of enforcement. If more than six years have passed between the judgment and the writ, or if the writ or notice is itself expired, then the enforcement is legally defective.

Right to apply to stay enforcement

In such circumstances, the debtor may apply under Civil Procedure Rule 83.7(1) to stay the execution of the writ. This application may be brought in the High Court if the writ is a High Court writ, or in the County Court if the judgment originated there. The court has a discretionary power to stay the writ and will do so where enforcement would offend the rules of limitation or procedural fairness. The debtor may also seek an order for costs under CPR 44.3 and CPR 46.5, particularly if enforcement action has caused loss or distress or if any part of the debt has already been discharged.

Right to recover money taken under an expired writ

If any monies have been paid in reliance on an expired writ or invalid enforcement process, the debtor has the right to bring a claim in the County Court to recover those sums. Such a claim will ordinarily be allocated to the small claims track, and the court may order the return of all monies taken, including fees improperly levied by the enforcement agent.

Conclusion

In summary, a judgment debt that is more than six years old is not enforceable without permission of the court. A writ of control that has expired, or enforcement carried out outside the permitted period, is unlawful. The debtor has a complete defence to any enforcement action and a remedy in the form of a stay, recovery of sums paid, and costs. The legal framework affords robust protection, but it is incumbent upon the debtor to act promptly and bring the matter before the court.