Enforcing a Judgment Against a Vicar
In the event that you find yourself in the unusual position of having a judgment to enforce against a vicar, you will be pleased to know that the court rules cater for this eventuality and that your judgment will be enforceable.
What do I have to do to start enforcement?
The usual route is to apply for a Writ of Fieri Facias against the vicar. This follows the same procedure as if you were applying for a Writ against any other debtor.
What happens once the Writ is issued?
The High Court Enforcement Officer responsible for enforcing the Writ must then make a special return on the Writ indicating that no goods were recovered and that the vicar has no “lay fee”.
What happens next?
You will need to seek the permission of the court to issue a Writ of Fieri Facias De Bionis Ecclesiastics.
The application is made to the court and is supported by a witness statement giving the following information:-
• Identifying the judgment or order to which the application relates
• If the judgment relates to the payment of money, the evidence must state the amount of the original judgment and the amount due at the date of the application (allowing for additional interest and costs)
• Any other information necessary to satisfy the court that you are entitled to enforce the judgment
• Confirmation that the debtor is a vicar
Providing that the court is satisfied with the information provided it will grant the permission sought. The court may alternatively order that additional information be provided so that a final decision can be made.
What happens once the new Writ is issued?
Once the Writ of Fieri Facias De Bionis Ecclesiastics has been issued it is sent to the Bishop responsible for the Diocese within which the vicar resides.
The Bishop will then enforce the Writ in the same way as a High Court Enforcement Officer and will make a return in the same manner.
What if the vicar is in receipt of a “lay fee”?
In these circumstances enforcement will proceed by way of a normal Writ of Fieri Facias, without the need for separate applications being made to the court.
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