Debt Recovery -
Writ of Execution Against Real Property
In an action for debt recovery once you have a court judgement, you
have to decide on the best method of collecting your money. Sometimes,
it is as simple as putting the right pressure on a Debtor, to get them
to pay up.
Deciding on the right course of action can be difficult. The
wrong step could leave you getting nothing.
However, if a Debtor
owns land or their own home, the threat of losing that property, may be
enough to convince the Debtor to pay the debt.
debt to you is over $10,000.00, there is a Court procedure which
permits you to start legal proceedings to sell up the land or property
owned by a Debtor.
It is a course of action that must be properly
considered, and it does require specialist skills and knowledge. It can
be expensive and must be done properly to be effective. it is known as
a Writ of Execution against Real Property.
Below is a consideration of how the writ of execution against real property operates and the procedure involved.
WRIT OF EXECUTION - REAL PROPERTY
Real property means, any land or house.
the debt to you is in excess of $10,000.00, and the writ of execution
on goods to collect the debt is unsuccessful, and the Debtor owns land
or a house, you are then entitled to file an application to the Land
and Property Information office (LPI) to file a writ on the title, to
all real property, owned by the debtor.
try and seize goods first. The Sheriff has to provide a certificate
verifying that a seizure against goods was unsuccessful, before you are
allowed to register a writ on the title to the land owned by the
Once you have the writ registered on the title of land owned by
the Debtor, you are then entitled to start action to sell the real
property. Sometimes, the notice to the Debtor of the writ on the title,
forces the Debtor to try and settle the debt with you.
this step is taken as part of the process in debt collection to sell
the Debtor's real property. It should not be started lightly. The writ,
once it is registered on the title is active for six months, and if the
Debtor tries to sell the property, the writ will effectively stop the
sale unless you receive your money.
It is a complex area of law, and if you are taking this step, you should have a solicitor or lawyer doing it for you.
of this process is that it can work as a means of putting pressure on
the debtor to pay the money that is owing. It can also result in the
property being sold, and you receiving your money if there is any left
The disadvantages of this debt
recovery process, is that the writ is only good for 6 months, and if
you are trying to sell the property through the Sheriff, and it is not
sold within the 6 months, you have to make application to extend the
writ. This all costs money to do.
Further, to a certain extent
you are going in blind. You do not know what equity the debtor has in
the property, especially if there is a mortgage on it.
it is a complicated process of debt recovery., The sale is controlled
by the Sheriff, and is not in your control. Certain documents have to
be provided to the Sheriff, who then is supposed to do all the things
necessary to sell the property.
Another government department will then
be involved in the debt recovery, preparing necessary documents. The
process can take a long time, usually in excess of the 6 months, which
is the life of the writ.
If there is a mortgage on the
title of the property, the mortgagee can sell the property, and if
there is no excess funds left after they have taken what they are owed,
you will get nothing. it will just become a bad debt that you cannot
recover on. Yet, you will have spent a lot of money to get to that
This form of debt recovery should not be started
without proper inquiries, consideration and legal advice. It is not for
the faint hearted!
Click to read about how you go about trying to seize goods in the debt recovery process.
Debt Collection and Debt Recovery can be quite involved and
complicated. You really should let the professional debt collection
agent or solicitor advise you as to the best course of action, and look
after it for you. It will cost you money, but in most cases, provided
the debtor has assets, you should recover the additional costs you
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