Goods That Cannot Be Seized
Social policy considerations, particularly the requirements enshrined in the Overriding Objective of the Civil Procedure Rules 1998, currently limit the goods which the bailiff may take.
The goods must currently meet the following criteria:
- The goods or items are required by the debtor to carry out business; examples of this are a tradesman's tools or reference books
- Essential household items which the debtor and their family require such as clothing or bedding
- Items which do not belong to the debtor; for example items that are subject to a hire purchase agreement, leased or rented from a third party. Goods that are joint owned by the debtor can be seized.
- Goods already marked for seizure by another bailiff dealing with a different warrant
As the warrant is a specific sanctioned interference with the debtor's general right to enjoyment of his property any question as to whether goods are or are not available for seizure is likely to be determined in the Defendant's favour.
Read more about this topic: Warrant Of Execution
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