Restraint on assets ( 11.12.12.L8 )
Restraint on assets
Updated: 11 January 2016
Words you may need to know
Restraint - to hold back, keep
Assets - items of value belonging to a person
Enforcement - to be made to comply with the law or a judgement
Automatically - routinely
Debtor - a person who owes money to another
Inventory - a list
Statutory - legal, law made rules
Restraint on assets enforcement procedures - following Judgement
This is awarded automatically by both the Petty Debts Court and the Royal Court alongside restraint on wages and the order passed to the Viscount's Department for enforcement.
If you are a debtor and not in employment then the following will happen:
- The Viscount's Officers will take an inventory of all your assets on the premises and a copy will be given to you
- You should confirm, with proof if need be, those items that do not belong to you. (This would include furniture / computers/ phones etc on hire purchase but not items that you bought with a loan which are considered to be yours)
- If you need legal aid, it can be sought (subject to qualifying) to explain what your rights are
- You are allowed to keep the necessities of life, e.g. clothing, tables and chairs etc and any tools you require to carry out your work and earn a living .
Exception - assets restrained against rent owed
If a landlord is owed past rent they may take anything on the premises with the statutory exception of appliances supplied and owned by the utility companies i.e. gas/electricity, but ONLY after an order for restraint has been given following judgement for the debt in the Royal Court or Petty Debts Court. See also 11.8.2 Personal possessions left behind by a tenant or lodger .