Executing a Writ Against a Farmer
I have a writ against a farmer – what do I need to do to enforce it?
Firstly, you should carry out an Agricultural Credits search. This is to check which of the farmer’s goods are free from finance and charges and can therefore be taken into the legal control of the enforcement officer.
There are goods to go against – how do I apply for a warrant?
If, once you have obtained a warrant of execution, the district judge for the district in which the warrant is to be executed, believes the defendant to be a farmer, he can require you to furnish the court with an official certificate.
What is an official certificate?
The certificate is the result of a Land Registry search regarding the existence of any charge registered against the judgment debtor under the Agricultural Credits Act 1928.The certificate should be attached to the application for the warrant of execution and submitted to the court within three days of the date of the certificate.
How do I search against a farmer and obtain a certificate?
A search can be carried out by completing the Land Registry form AC6 and submitting this to the following address:-
The Agricultural Credits Department
Plumer House
Tailyour Road
Crownhill
Plymouth
PL6 5HY
A fee will be payable (currently £0.50) made payable to the Land Registry.Alternatively, if you have a Land Registry credit account you can telephone the Land Registry on 0845 308 4545 and request the search that way.
Finally, commercial resellers of search information such as Jordans will also carry out a search on your behalf. They can be contacted via their website at www.jordansproperty.co.uk
Whichever method of search is used, a certificate will be provided by the Land Registry on form AC6.
What do I do if I want to apply for a High Court writ of Fi Fa?
Although the procedure is less formulated within the High Court than those within the county court, you are recommended to follow the same procedure as for the county court.
Once you have the certificate, providing up to date information regarding assets, you can then attach this to the writ of fi fa and this will ensure that the enforcement officer has up to date information readily available.
What is a farmer?
The Agricultural Credits Act 1928 provides the definition for a farmer as being:-
"any person (not being an incorporated company or society) who , as a tenant or owner of an agricultural holding, cultivates the holding for profit"
This includes, poultry farming, bee-keeping and fruit and vegetable growing.
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