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High Court Enforcement Officers
A High Court enforcement officer (HCEO) is an officer of the High Court of England and Wales responsible for enforcing judgements of the High Court, often by seizing goods or repossessing property. Prior to 2004, HCEOs were known as ''sheriff's officers'' and were responsible for enforcing High Court writs on behalf of the high sheriff for each county, but they are now directly responsible for such writs. HCEOs operate only in England and Wales. Role and history High Court enforcement officers are authorised by the Lord Chancellor, and assigned to one of a number of enforcement districts. Historically they would be assigned to the ''shrieval county'' (roughly the historic ''shire'') of the corresponding high sheriff, but under the Courts Act 2003, this connection is severed and the districts are not necessarily conterminous with the shrievalty. The officers retain the common law powers of a sheriff, and, like the sheriff previously, can delegate this authority to others acting ...
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Law Enforcement Agency
A law enforcement agency (LEA) is any government agency responsible for the enforcement of the laws. Jurisdiction LEAs which have their ability to apply their powers restricted in some way are said to operate within a jurisdiction. LEAs will have some form of geographic restriction on their ability to apply their powers. The LEA might be able to apply its powers within a country, for example the United States of America's Bureau of Alcohol, Tobacco, Firearms and Explosives or its Drug Enforcement Administration; within a division of a country, for example the Australian state Queensland Police; or across a collection of countries, for example international organizations such as Interpol, or the European Union's Europol. LEAs which operate across a collection of countries tend to assist in law enforcement activities, rather than directly enforcing laws, by facilitating the sharing of information necessary for law enforcement between LEAs within those countries, for exa ...
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Constable
A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other people may be granted powers of a constable without holding this title. Etymology Historically, the title comes from the Latin ''comes stabuli'' ( attendant to the stables, literally ''count of the stable'') and originated from the Roman Empire; originally, the constable was the officer responsible for keeping the horses of a lord or monarch.p103, Bruce, Alistair, ''Keepers of the Kingdom'' (Cassell, 2002), Constable
Encyclopædia Britannica online
The title was imported to the monarchy, monarchies of Middle Ages, medieval Europe, and in many countries developed into a high military rank an ...
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County Court Judgment
Description In England and Wales, County Court judgments (CCJs) are legal decisions handed down by the County Court. Judgments for monetary sums are entered on the statutory Register of Judgments, Orders and Fines, which is checked by credit reference agencies to assess the credit-worthiness of individuals. An alleged debtor is sent postal notification of an impending County Court case, and has fourteen days to respond, by paying the money, admitting owing a smaller sum, denying owing it, or going to a court hearing. If there is no response judgement will be granted against the debtor. If the debtor does not make payment in response to a CCJ, the creditor may apply for a charging order, which would secure the debt on a property. Creditors can also apply for an attachment of earnings which would oblige the debtor's employer to deduct monies from their salary and send them to the court. A third-party debt order would oblige a third party who holds money belonging to the debtor (fo ...
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Consumer Credit Act 1974
The Consumer Credit Act 1974c 39 is an Act of the Parliament of the United Kingdom that significantly reformed the law relating to consumer credit within the United Kingdom. Prior to the Consumer Credit Act, legislation covering consumer credit was slapdash and focused on particular areas rather than consumer credit as a whole, such as moneylenders and hire-purchase agreements. Following the report of the Crowther Committee in 1971 it was decided that wide-ranging reform of consumer credit law was needed, and a bill to do this was introduced to Parliament. Despite its progress through Parliament being disrupted by a general election, the bill passed quickly through the legislative process thanks to support from both the government and the opposition, coming into law on 31 July 1974. The Act introduces new protection for consumers and new regulation for bodies trading in consumer credit and related industries. Such traders must have full licenses from the Office of Fair Trading ...
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Repayment Plan
A repayment plan is a structured repaying of funds that have been loaned to an individual, business or government over either a standard or extended period of time, typically alongside a payment of interest. Repayment plans are prominent within the financial industry of a national economy where liquid funds are in high demand to assist in investment opportunities, governmental expenditure or personal finance. The term first saw prominence with its use by the International Monetary Fund to describe its form of financial loan repayment from individual nations. Typically, the term "repayment plan" refers to the system of Federal Student Aid in the United States of America, which assists in covering tertiary education expenses of domestic students. History Repayment plans have historically existed within the economies of the developed world where the financial markets are more established and have expanded over a longer period of time. During the expansion of the global economies duri ...
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Judgment Debtor
In English and American law, a judgment debtor is a person against whom a judgment ordering him to pay a sum of money has been obtained and remains unsatisfied. Such a person may be examined as to their assets, and if the judgment debt is of the necessary amount he may be made bankrupt if he fails to comply with a bankruptcy notice (in US law, an involuntary petition) served on him by the judgment creditors. In the past, the judgment debtor could have been committed to prison or have a receiving order made against him in a judgment summons under the Debtors Act 1869. Specific debts are non-dischargeable, such as debts for fraud and civil judgments that are obtained in a civil Adversary proceeding in bankruptcy. During such proceedings (US law) the judge who presides over the bankruptcy declares that a specific debt be deemed non-dischargeable, in that the bankruptcy will not dismiss the debt, and the debtor is obligated for the full amount of the judgment for life. Examinations, r ...
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The National Archives (United Kingdom)
, type = Non-ministerial department , seal = , nativename = , logo = Logo_of_The_National_Archives_of_the_United_Kingdom.svg , logo_width = 150px , logo_caption = , formed = , preceding1 = , dissolved = , superseding = , jurisdiction = England and Wales, HM Government , headquarters = Kew, Richmond, Greater London TW9 4DU , region_code = GB , coordinates = , employees = 679 , budget = £43.9 million (2009–10) , minister1_name = Michelle Donelan , minister1_pfo = Secretary of State for Digital, Culture, Media and Sport , minister2_name = TBC , minister2_pfo = Parliamentary Under Secretary of State , chief1_name = Jeff James , chief1_position = Chief Executive and Keeper of the Public Records , chief2_name = , chief2_position = , chief3_name = , chief3_position = , chief4_name = , chief4_position = , chief5_name = , chief5_position = , agency_type = , chief6_name = , chief6_position = , chief7_name = , chief7_position = , ...
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UK Statute Law Database
legislation.gov.uk, formerly known as the UK Statute Law Database, is the official web-accessible database of the statute law of the United Kingdom, hosted by The National Archives. It contains all primary legislation in force since 1267 and all secondary legislation since 1823; it does not include legislation which was fully repealed prior to 1991. The contents have been revised to reflect legislative changes up to 2002, with material that has been amended since 2002 fully updated and searchable. New Statute Law Database In December 2008, the Statute Law Database team transferred to The National Archives, which meant that the responsibility for the Office of Public Sector Information and SLD websites became the responsibility of one department. A major consideration of the transfer was to enable the rationalisation of the two websites in order to provide one point of access to all UK legislation and in doing so reduce duplication in effort, increase efficiency (for example ta ...
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Fieri Facias
A ''fieri facias'', usually abbreviated ''fi. fa.'' ( Latin for ''that you cause to be made''), is a writ of execution after judgment obtained in a legal action for debt or damages for the sheriff to levy on goods of the judgment debtor. The term is used in English law for such a writ issued in the High Court. Some jurisdictions in the United States also employ this writ, such as the Commonwealth of Virginia. England and Wales It is addressed to the sheriff or High Court enforcement officer, and commands him to make good the amount out of the goods of the person against whom judgment has been obtained. ''fi. fa.'' can be sought in England and Wales on judgment debts in excess of £600. Whilst ''fi. fa.'' can be used to enforce judgments obtained in the county court and High Court. In April 2014 the writ was renamed a writ of control as part of the Tribunals, Courts and Enforcement Act 2007. This writ was once so common that ''fieri facias'' became a slang term for ...
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Contempt Of Court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn (as in "to contemn a court order") and a person guilty of this is a contemnor. There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order. Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of the court. When a court decides that an action constitutes contempt of court, it can issue an order in ...
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County Court Bailiff
County Court bailiffs are employees of Her Majesty's Courts & Tribunals Service and are responsible for enforcing orders of the County Court by recovering money owed under County Court judgments. Bailiffs can seize and sell goods to recover the amount of the debt. They can also serve court documents and effect and supervise the possession of property and the return of goods under hire purchase agreements. Entry A County Court bailiff can enter a premises to seize goods and sell these at public auction, they can enter a property through an unlocked door (front and back). If the bailiff has entry previously (made a levy) or has been forcefully removed they can then use reasonable force to gain re-entry to inspect the goods or remove them. When determining the value of goods to be seized, it is the likely price that the goods will reach at auction that is pertinent, not what was paid for them. Police assistance Section 85(4) of the County Courts Act 1984 states: ''It shall be t ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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