Restraint on assets

11.12.12.L8 Updated on:26 October 2021

Restraint on assets enforcement procedures – following Judgement

This can be awarded 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, the following could 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 items on hire purchase but not items that you bought with a loan, as they are considered to be yours
  • You may be entitled to Legal Aid for advice on your rights
  • You are allowed to keep essentials such as clothing, table, chairs and any tools or cars you require to carry out your work and earn a living.

Exception – assets restrained against rent owed

After an order for restraint has been given following judgement for rent arrears in the Royal Court or Petty Debts Court, a landlord may take anything on the premises with the statutory exception of appliances supplied and owned by the utility companies i.e. gas/electricity. See also Personal possessions left behind by a tenant or lodger.