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Contents

Official guidance
Debt Management and Banking Manual

DMBM666810 · Enforcement action: county court proceedings: warrants of control

  • DMBM666820 · Warrants of control
  • DMBM666830 · Conditions on the use of a warrant of control
  • DMBM666840 · Setting effective instalments to allow a warrant to be effective
  • DMBM666850 · Applying for a warrant of control
  • DMBM666860 · Court actions following receipt of request for warrant of control
  • DMBM666870 · Payment, or offer of payment, following issue of warrant of control
  • DMBM666880 · If the warrant of control is not executed
  • DMBM666890 · Applications to suspend warrant of control
  • DMBM666900 · Enforcement action: county court proceedings: warrants of contorl: reissued warrants
  • DMBM666910 · Third party claims to goods seized under a warrant of control
  • DMBM666920 · Requests for indemnification
  • DMBM666930 · Judgment debtor becomes insolvent or enters into a voluntary arrangement after issue of warrant of control
  1. Enforcement action: county court proceedings: warrants of control: contents
  2. Enforcement action: county court proceedings: warrants of control: judgment debtor becomes insolvent or enters into a voluntary arrangement after issue of warrant of control

DMBM666930 | Enforcement action: county court proceedings: warrants of control: judgment debtor becomes insolvent or enters into a voluntary arrangement after issue of warrant of control

From HM Revenue & Customs · Debt Management and Banking Manual

The majority of this manual will be archived on 1 July 2024. If there is content within this manual you use regularly, email [email protected] to let us know.

Debtor insolvent

Where you learn of a judgment debtor’s insolvency after you have issued a warrant of control or writ of fi fa

  • tell the court in writing

  • that the judgment debtor is insolvent and you do not intend taking further proceedings

  • that the warrant should be suspended

  • treat any unpaid court fees not awarded by the court as irrecoverable

  • refer the papers to ICHU as in INS2303 who will include any unpaid court fees and costs awarded by the court in the Department’s claim.

Where the court learns of a judgment debtor’s insolvency (other than from you) it will send you notification on form N331 to say it has withdrawn from possession of goods seized under the warrant of control, or has paid over any money it is holding to the trustee or liquidator.

On receipt of form N331, you should take action as in INS2303.

Individual voluntary arrangements

Where you learn that the judgment debtor has entered into an Individual Voluntary Arrangement or that an interim order has been made, and it is after you have issued a warrant of control or writ of fi fa

  • tell the court in writing

  • that you do not intend taking further proceedings

  • that the warrant should be suspended

  • treat any unpaid court fees not awarded by the court as irrecoverable

Take further action as in DMBM660460 onwards.

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