Memorandum of Entry: The Hidden Record That Proves What’s Real

Memorandum of Entry: The Hidden Record That Proves What’s Real'

Every day, official-looking papers arrive — “Notices of Enforcement,” “Court Orders,” or “Liability Orders.” Some are genuine; many are not. The key to knowing the difference lies in one quiet but powerful record: the Memorandum of Entry. It is the written proof that any court decision or enforcement action truly exists.

What It Is and Why It Matters

Her Majesty’s Courts and Tribunals Service (HMCTS) confirms that the printed “Notice of Liability Order” sent to households is not the official court record. The only true evidence of a lawful decision is the entry made in the magistrates’ court register, and the certified extract of that register is the “gold standard” of proof. In other words, a letter is only a notification — the real authority exists only if the court recorded it.

Where It Comes From

The term originates in Magistrates’ Courts Rules 1981, rule 66(1), which states that the clerk must record “a minute or memorandum of the substance of the adjudication.” That record, the Memorandum of Entry, is what makes a legal order real. Over time, the phrase also came to describe the written note an enforcement agent (bailiff) must leave after entering a property — a record of what actually occurred.

The Two Faces of the Memorandum of Entry

1. Court Memorandum of Entry

• Created by the magistrates’ court clerk when an order or warrant is made.

• Covers liability orders, fines, committals, and warrants.

• Stored in the court’s register; the certified extract is the only legal proof an order exists. If a company or council cannot produce a certified extract of the register, its claim to act on court authority has no lawful foundation.

2. Enforcement Memorandum of Entry

• Required when a bailiff enters a property under Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 and Regulation 30 of the Taking Control of Goods Regulations 2013.

• Must show the debtor’s name, date and time of entry, the agent’s name, legal authority, and actions taken.

• If goods are seized, the agent must also leave a signed inventory (Regulation 33).

If no entry occurred, no memorandum is required. Without this record, any claimed authority to enter or remove goods is invalid.

Equivalent Records in Other Courts

The same rule applies across the court system: nothing is real unless it is recorded.

• County Court: Register of Judgments, Orders and Fines.

• High Court: Writ Registers and Order Books.

• Crown Court: Digital Case Records (XHIBIT/DCS). Each serves the same purpose as the magistrates’ Memorandum of Entry — an official record that confirms the decision exists.

How to Request It

Anyone claiming to act under a court order must already hold certified proof. You can ask for it using a Data Subject Access Request (DSAR) under the UK GDPR. Councils and enforcement firms must respond within one month. If they cannot provide a certified extract, you can verify the record directly with the Magistrates’ Court, which may issue confirmation or a certified copy for a small fee.

The Core Principle

In law, if power is claimed, it must be recorded.

The Court Memorandum proves lawful decision; the Enforcement Memorandum proves lawful action. Without them, authority collapses. Knowing how to request these records lets you separate genuine law from mere theatre — and uphold the simplest rule of all:

“Show me the paperwork.” File:Memorandum of Entry V.2 Nov25.pdf Click on the file link to download the full document and learn how you can stand up for yourself and others against fake claims.