Priority of Writs The Pecking Order

Priority of Writs The Pecking Order

When it comes to retrieving your unpaid debts and using High Court Enforcement Officers in such endeavours, it really does pay to be on the ball and fast off the mark.

Often, debtors may owe money to multiple parties at the same time, and these individuals and businesses can end up competing for priority in the pecking order in terms of who gets paid first.

The early bird tends to catch the worm, and whilst taking your time with these things can still prove beneficial in the end, there is one big reason why we encourage speediness of action.
Quite simply…

Priority is always given to the creditor who obtains a Writ first and passes it to a HCEO.

HCEOs are required to log the date and time when receiving a Writ, and so with this there comes absolute certainty and accountability that the correct process is being followed.

Essentially, if you’re first in line, you should have a better chance of getting your money back in a shorter time frame.

It sometimes seems a bit too simplistic almost, that it can be down to a matter of who was first, but it’s written in civil procedure that:

“The priority of a relevant writ will be determined by reference to the time it is originally received by the person who is under a duty to endorse it.”

It doesn’t get any clearer than that.

Debtors who may have been digging themselves into a hole for a while will usually have more than one person that they owe money to.

It isn’t about landing the first blow or stealing a mark on the competition. It’s simply a case of knowing the system as well as you can in order to achieve the best possible outcome for you and your interests.

We’ll be ready as and when you need us.

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