The life of a writ of execution (including writs of Fieri Facias, Possession and Delivery) is generally twelve months from the date of issue. However the writ may be extended if it is not completed in that time.
Extending before date of expiry
The court form No. 71 (notice of renewal of a writ of execution) must be completed by the claimant or claimant’s solicitor. A statement of truth is also required giving the reasons why the writ was not executed within the twelve months.
The advantage of extending before expiry is that the priority of the writ is maintained. The disadvantage is there can be a delay before the application can be seen by a judge and there is no guarantee that the judge will agree to an extension.
New writ after expiry
This is starting the process again. The claimant will need to complete and submit either court form N293a (combined certificate of judgment and request for writ of fieri facias or writ of possession) for a judgment or order that was made in the county court, or court form PF86a (combined request for writ of fieri facias or writ of possession or writ of delivery) if the judgment or order was made in the High Court.
The advantage is speed because the N293a/PF86a can be sealed in the issuing court very quickly, as can the issue of the Writ. The disadvantage is that priority is lost although this will not be important if there are no other writs for judgments or orders for that defendant.
The fee to extend the life of a writ is £45. The fee to re-issue a writ is £66.
David is the former CEO of The Sheriffs Office.