After judgment
A judgment confirms the debt is owed, and if the debtor still does not pay, the court has several ways to enforce it. We explain the options and the forms. You choose a method and apply.
Judgment is not payment
A county court judgment orders the debtor to pay, either by a set date or by instalments. The judgment is usually entered on the Register of Judgments, Orders and Fines, and most entries stay there for six years unless the debt is paid in full within one month of the judgment. That record can affect the debtor's ability to borrow.
If the debtor does not pay as ordered, you, as the judgment creditor, can apply to the court to enforce the judgment. Each method has its own form and court fee, listed in the court fees leaflet EX50 on gov.uk. The right method depends on what the debtor has: wages, money in an account, property or goods.
Interest on the judgment
County court judgments of £5,000 or more usually carry interest at 8% a year from the date of judgment, under the County Courts (Interest on Judgment Debts) Order 1991. Judgments for debts that qualify under the Late Payment of Commercial Debts (Interest) Act 1998 can carry interest whatever the amount. Judgment interest usually stops once some kinds of enforcement are taken, such as a warrant of control or a third party debt order, unless the enforcement produces no payment at all. It does not run while an attachment of earnings order is in force.
The main enforcement options
| Option | What it does | Usually suits | Form |
|---|---|---|---|
| Order to obtain information | The debtor must attend court and answer questions on oath about their income, assets and debts (Civil Procedure Rules, Part 71). | Finding out which method is worth using | N316 |
| Warrant of control | County court enforcement agents can take control of the debtor's goods and sell them towards the debt. | Debts under £5,000 where the debtor has goods of value | N323 |
| Transfer to the High Court for a writ of control | The judgment is transferred to the High Court, and a High Court Enforcement Officer enforces it against the debtor's goods. | Judgments of £600 or more. For £5,000 or more, this is the route for taking control of goods. | N293A |
| Attachment of earnings order | The debtor's employer deducts regular amounts from their wages, which are passed on to you. | Debtors in employment, not the self-employed | N337 |
| Third party debt order | Money held for the debtor, usually in a bank or building society account, is frozen and then paid to you if the order is made final (Part 72). | Debtors with money in an account you can identify | N349 |
| Charging order | The debt is secured on land or property the debtor owns, so it must be paid when the property is sold (Part 73). An order for sale is a separate application and is not automatic. | Debtors who own property | N379 |
The gov.uk guide to enforcing a judgment links to each form and its guidance notes.
Choosing a method
If you do not know what the debtor has, an order to obtain information is often the sensible first step. The answers show whether wages, an account, property or goods are worth pursuing.
A judgment of under £600 can only be enforced against goods in the County Court. For a judgment of £600 to under £5,000, you can choose between the County Court and the High Court. A judgment of £5,000 or more can only be enforced against goods in the High Court, unless it arose from an agreement regulated by the Consumer Credit Act 1974 (High Court and County Courts Jurisdiction Order 1991, article 8).
If the debtor cannot keep up with instalments ordered by the court, they can ask the court to change them, and you can object. Whether a fee you pay for enforcement can be recovered from the debtor depends on the method.
We are not bailiffs or enforcement agents
Enforcement against goods is carried out only by the court's own enforcement agents or by a High Court Enforcement Officer, after you apply. We never act as an enforcement agent, never visit debtors, never take goods and never collect money. Everything recovered goes to you.
What we do
- Explain each enforcement option and what it is likely to involve for your judgment
- Explain which form each method uses and what the court will need from you
- Help you prepare for an order to obtain information, including the questions worth asking
- Explain the debtor's responses, such as a request to change instalments
What we do not do
- Act as an enforcement agent, visit debtors or take goods
- Complete, file or send applications, pay court fees, or write to the court for you
- Speak for you at any hearing after judgment
- Receive any money recovered. It is paid to you.
- Start insolvency steps, such as a statutory demand or a bankruptcy or winding-up petition
Common questions
Can I use more than one method?
Usually, yes. The court rules allow a judgment creditor to use any available method, and more than one, either at the same time or one after another (Civil Procedure Rules, rule 70.2).
The debtor is self-employed. What are my options?
An attachment of earnings order depends on wages from an employer, so it does not usually help. A third party debt order against a bank account, a charging order on property, or a warrant or writ of control may be more suitable. An order to obtain information can show which.
Can I use a High Court Enforcement Officer?
For judgments of £600 or more, you can ask the court to transfer the judgment to the High Court for enforcement using form N293A. A High Court Enforcement Officer then acts on the writ of control. We explain the process, and you instruct the officer yourself.
What if the debtor becomes insolvent?
If the debtor is made bankrupt, a company goes into liquidation, or the debtor enters another formal insolvency procedure, individual enforcement usually stops and the debt is dealt with in the insolvency. We explain the position and tell you when you need a solicitor or an insolvency practitioner.
Our status
Appeal Specialists is an independent consultancy, not a law firm. We are not solicitors or barristers and we are not regulated by the Solicitors Regulation Authority or any other legal regulator, so you cannot complain about us to the Legal Ombudsman.
We provide non-reserved legal services only. We do not conduct litigation, file or serve court documents, or accept service of court documents for you. Where the law allows, we can speak for you at a small-claims hearing or a tribunal, but only with your agreement and, at small-claims hearings, only if you attend.
What you tell us is not protected by legal professional privilege. We never hold your money. We work on matters in England and Wales only. We do not guarantee any outcome.
All correspondence by email
We deal with everything in writing, so every point and every deadline is on the record. If you are replying to a letter from us, please quote our reference.