With many people now running limited companies from their home, The Sheriffs Office finds itself on the receiving end of many claims and beliefs that are simply incorrect.
Some debtors, and occasionally their solicitors, believe that High Court enforcement against a limited liability company cannot be executed at a home address.
I can confirm that this is most definitely not the case, as enforcement can and regularly does take place under these circumstances by our Enforcement Officers, often with high success.
Usually assets belonging to the company will be found at the address and are available for seizure. These may include home office equipment (computers and printers etc.), tools and machinery and company vehicles. Further, you may recall from previous articles that a limited company cannot claim these goods are exempt from seizure by being ‘tools of the trade’ either, aiding enforcement accordingly.
If goods of the debtor are in a building not attached to the residence then the Enforcement Officer may force entry (usually using a locksmith) if instructed to do so.
In the majority of cases, we find the seizure, threat of removal and the potential disruption to the business encourages the debtor to make payment, even though in reality the goods seized may not be of a high enough value at auction to clear the debt in full.
David is the former CEO of The Sheriffs Office.