If you need to request a stay of execution in the high court, you can use our free letter template to make that request. Our downloadable letter templates are 100% free and are proven to help. MoneyNerd has created two versions of the stay of execution request letter for individuals and for people with joint debts.
Download our stay of execution letter template now to save time. You’ll only need to add some personal details and a witness statement to make it effective. It could defer your debt repayment and grant you an affordable repayment plan instead.
To Whom It May Concern
Regarding Case #: [your case number]* (required)
I am unable to pay the sum claimed immediately and wish to apply for a stay of execution. I enclose an [affidavit/witness statement]* (required) in support of my application.
I am able to pay £[enter amount]* (required)per month and my first monthly instalment could be made on [enter the date]* (required).
I have carefully considered my financial circumstances and believe that this is a realistic and affordable amount.
I hope that you will be able to accept the repayments I have offered .
The download links below take you to a Google document template where you can make a copy or save in any document format you like. Note, you may have to login to your Google account.
What is a stay of execution?
A stay of execution is a request to delay a court order. For example, you might be asked to pay a debt through a CCJ. If you cannot repay the debt in full immediately, you could request a stay of execution to delay the need to pay back the debt. A stay of execution for debts usually offers a repayment plan solution.
Other reasons to use a stay of execution
A stay of execution doesn’t only have to be used when you cannot afford the debt. You might also want to request a stay of execution if the court served you with a CCJ without knowing. Sometimes you might not know you were being taken to court about the debt because the papers were served at the wrong address. In this case, a stay of execution can delay the CCJ and lead to a hearing that challenges the case once more.
What to include in your stay of execution?
When you apply for a stay of execution, you should give enough evidence to convince the courts that the stay of execution is necessary. In the case of debt, you should be able to show that you cannot afford to repay the debt amount. This is best supported with a statement from someone who can vouch that the debt is not repayable right now.
A stay of execution would only delay the need to repay, but you should also be promoting a repayment plan for the debt you can afford. You should supply evidence of why this repayment plan is affordable and more realistic.
What happens if the stay of execution is granted?
If you apply for a stay of execution and it’s successful, that CCJ will be set aside. You will then need to keep up with repayments that were agreed upon within the stay of execution. If you fail to keep up with the debt repayments, the court could grant permission for bailiffs to come to your home and repossess items to an equal value of the debt.
How to request a stay of execution against a debt
You can request a stay of execution against a CCJ by sending our free stay of execution letter template. You may want to seek more advice by speaking with a professional or a debt charity.