What Will Happen If I Cannot Pay The Debt Immediately?
The High Court Enforcement Officer will come to an agreement with you about when payment is to be made. At the same time, the High Court Enforcement Officer will identify a list (an inventory) of any of your goods that might be sold if the debt is not paid; this process is called “levying”. There are two reasons why this is done:
It allows you to retain and use the goods while you raise the money and, if you pay, you do not have to pay the High Court Enforcement Officer's fees of taking the goods for sale, which can be very expensive; and
It protects your creditor's interest in the event you are unable to find the money, or all of it, to pay. The goods can still be taken and sold as necessary.
Whenever the High Court Enforcement Officer levies on goods, you will be asked to sign an agreement called a “Walking Possession Agreement”. This is your undertaking not to remove or dispose of any of the goods listed in the inventory until payment has been made in full. It is a serious offence to ignore your undertaking – it can lead to a fine or your imprisonment.
If you can only offer payment by installments over a period of time, the High Court Enforcement Officer will have to contact the creditor to ask if the terms you are offering are acceptable. You will normally be asked to pay an amount on account as a sign of your intention to pay. If the creditor does agree to your terms, you must pay on time, as agreed. Remember, an agreement to pay by installments does not prevent a writ being reactivated immediately if you do not keep to the arrangement.
It is also worth noting that a creditor does not have to accept your offer, and indeed may be minded to insist that the High Court Enforcement Officer attends to remove the goods for sale. In that situation you are advised to take independent legal advice as to your position, as the consequences of this can be serious.
