Warrant of Control: Using County Court Bailiffs

Once you have a county court judgment (CCJ) against someone who still has not paid, the judgment alone does not produce any money. You have to enforce it. One of the most common routes is a warrant of control, which sends county court bailiffs to the debtor's address to try to recover what you are owed, either by collecting payment or by taking control of goods that can be sold.

This article explains how that works, what bailiffs can and cannot do, and what you can realistically expect.

When a warrant of control is the right route

A warrant of control is issued by the County Court and enforced by county court bailiffs employed by HM Courts and Tribunals Service. It is generally suitable for smaller judgment debts.

The thresholds that matter:

• Judgment debts under £600 must be enforced in the County Court. You cannot transfer them to the High Court.
• Judgment debts of £600 to under £5,000 may be enforced by county court bailiffs, or transferred up to the High Court for enforcement by a High Court Enforcement Officer using a writ of control.
• Judgment debts of £5,000 or more (unless regulated by the Consumer Credit Act 1974, which must stay in the County Court) must be enforced in the High Court.

High Court enforcement is typically faster and more assertive but incurs higher fees, so it is not always the right fit for a small domestic debt, particularly where the debtor has a low income and the extra fees would sit unpaid on top of the original debt.

How to apply

You apply using form N323 (Request for warrant of control). It is a short form that asks for the claim number, the amount still outstanding (judgment debt, any interest and costs, less any payments received), and the address where you want the warrant enforced. Most warrant applications are handled centrally by the County Court Business Centre (CCBC), which processes the bulk of them. A local court will deal with the application only where there is a specific reason, such as a case that was transferred out for a hearing.

There is a court fee to pay when you issue the warrant. Fees change from time to time, so check the current figure on GOV.UK and in the EX50 leaflet shortly before you apply, as amounts can be revised with little notice. If you are on a low income or certain benefits, you may be able to apply for help with fees using form EX160.

The warrant fee can be added to the amount the bailiffs try to recover from the debtor.

What the bailiffs do

County court bailiffs operate under the Tribunals, Courts and Enforcement Act 2007 and the Taking Control of Goods Regulations 2013. The process has set stages and the bailiffs must follow them.

The first is the compliance stage. Before any visit, the bailiff must send the debtor a notice of enforcement giving at least 7 clear days to pay in full or agree a payment arrangement. The 7 clear days exclude the day the notice is given, the day of any enforcement action, Sundays, Good Friday, Christmas Day and bank holidays. The notice warns the debtor that bailiffs may visit and take goods if payment is not made.

If there is no response, the bailiff moves to the enforcement stage and may visit the address on the warrant. At that stage they can:

• Ask for payment in full or a suitable arrangement.
• Take control of goods by listing them and either removing them or leaving them in place under a controlled goods agreement.
• Enter the property through a door in the normal way. They cannot force entry to a private home on a first visit for most civil debts.

Bailiffs must carry identification, must not visit between 9pm and 6am, and must not enter if only a child under 16 is present. Where a vulnerable person is present, the bailiff must take care in how they conduct the enforcement, though this does not of itself prevent entry.

Rather than physically removing items, the bailiff will often prepare a controlled goods agreement. This is a written list of the debtor's goods, signed by the debtor, who agrees not to sell or remove them while paying off the debt. If the debtor breaks the agreement or stops paying, the bailiff can return and remove the listed goods for sale, usually at auction.

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What goods are exempt

Not everything can be taken. Under the 2013 Regulations, certain items are exempt, including:

• Items needed by the debtor for their job, study or business, up to a total aggregate value of £1,350 across all such items (not £1,350 each).
• Basic household items such as a cooker or microwave, fridge, washing machine, beds and bedding, a table and chairs for the household to eat at, and items needed for the care of a child or a disabled person.
• Goods that do not belong to the debtor (for example, items owned by a partner, lodger or hire company), though proof may be needed.
• Pets and assistance animals.

Vehicles parked on the driveway or the street are a common target, unless they are on finance or are a Motability vehicle. A car subject to a hire purchase agreement is not the debtor's property and cannot be taken.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Fees the debtor pays

The debtor pays statutory fees on top of the debt. For county court bailiffs using a warrant of control, the fees are set out in the Taking Control of Goods (Fees) Regulations 2014 and include a compliance stage fee, an enforcement stage fee once a visit is made, and a sale stage fee if goods are removed for sale. Current amounts are on GOV.UK.

These fees are added to what the bailiff tries to collect from the debtor, not to what you pay as the creditor.

Realistic recovery rates

Enforcement is not a magic wand. If the debtor genuinely has no money and no goods of any real value, a bailiff cannot produce cash out of thin air. HMCTS statistics over the years have consistently shown that only a minority of county court warrants result in full payment, and a significant number are returned unsatisfied.

Bailiffs tend to do better where:

• The debtor is at the address and can be contacted.
• There is a vehicle not on finance, or clearly valuable goods.
• The debtor is employed or has some income and wants to avoid goods being taken.

They do less well against debtors who have moved, who rent a room in shared accommodation with few possessions of their own, or who simply do not open the door. In practice, debtors who want to avoid enforcement often change address, arrange for vehicles to be kept elsewhere, or move valuable items to a friend's or relative's home. None of this is always visible before a warrant is issued, which is part of the reason recovery rates are lower than creditors often expect.

If the warrant fails

If the bailiffs return the warrant unsatisfied, you have not lost your judgment. You can consider other methods of enforcement, such as an attachment of earnings order if the debtor is employed, a third party debt order if you know of a bank account or a person who owes them money, or a charging order if they own property. You can also apply for an order to obtain information (form N316) to find out more about the debtor's finances before choosing another method.

A warrant of control is often worth trying first for smaller debts because it is relatively cheap, but going in with clear expectations will save frustration later.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Court Form Finder lets you find the right court form for your situation. Family, civil, criminal and tribunal forms. Try it now →