Enforcing a County Court Judgment: Your Options Compared

Winning a case is one step. Turning a County Court Judgment (CCJ) into actual money is another, and the court won't do it for you. Once the judgment is issued, the debtor has a short window to pay. If they don't, you have to pick an enforcement method and apply.

The right choice depends on what you know about the debtor: whether they are an individual or a company, whether they own property, whether they work, and how much is owed. Before spending more on enforcement, it is worth thinking honestly about whether the debtor has anything to pay with. A judgment against someone with no job, no assets and no bank balance is hard to turn into cash whatever route you pick.

Order to obtain information

This is not an enforcement method in itself, but it is often the sensible first step if you don't know enough about the debtor's finances to choose between the options below. An order to obtain information (form N316 for individuals, N316A for officers of a company) compels the debtor to attend court and answer questions under oath about their employer, bank accounts, property and other assets.

Failure to attend without good reason can lead to committal proceedings. If you already have reliable information about the debtor, you can skip this stage and go straight to enforcement.

Taking goods: warrants and writs of control

A warrant of control tells county court bailiffs to visit the debtor and either take payment or seize goods to sell. You apply using form N323, or online through Money Claim Online if your case started there. It is one of the cheaper options and tends to suit smaller debts.

For judgments of £600 or more, you can transfer the debt to the High Court and instruct High Court Enforcement Officers (HCEOs) under a writ of control. The main form is N293A, and you will usually need a certificate of judgment and, depending on the court, an N244 application to transfer up. HCEOs generally act faster than county court bailiffs and are paid on commission, which tends to make them more persistent in practice.

One limitation worth emphasising: debts regulated by the Consumer Credit Act cannot be transferred to the High Court. This catches a lot of creditors out, so check the original agreement before applying. Taking control of goods also works less well where the debtor has nothing worth seizing, or where items on site are leased, on finance or belong to someone else.

Going after income: attachment of earnings

If the debtor is an employee, an attachment of earnings order (form N337) tells their employer to deduct a set amount from wages each payday and send it to the court. The court sets the figure based on the debtor's income and outgoings. It is slow but steady, and tends to suit consumer debts against employed individuals on stable salaries.

It won't work against the self-employed, the unemployed, members of the armed forces, or most company directors paid through dividends. You will usually need the debtor's employer details before you apply.

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Going after property: charging orders

A charging order secures the debt against property the debtor owns, usually their home. It does not get you paid straight away. It puts a charge on the title at the Land Registry so that when the property is sold or remortgaged, your debt is settled out of the proceeds.

You apply on form N379. There are two stages: an interim order, then a final charging order after a hearing. In some cases you can follow up with an order for sale, though courts are cautious about forcing the sale of someone's home, particularly for smaller debts.

For larger debts where the debtor owns property with equity, this is often the most reliable route. The trade-off is time. You may wait years to see the money unless the debtor sells or refinances.

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

Going after bank accounts: third party debt orders

A third party debt order (form N349) freezes money held by someone else for the debtor, most commonly a bank or building society, and then orders it to be paid to you. It only works if you know where the debtor banks and there is actually money in the account on the day the interim order is served.

It can be very effective against businesses with known bank accounts, or individuals where you have reliable information. It is useless if the account is empty or overdrawn, and the debtor can simply move funds if they get wind of it, so timing and confidentiality matter.

Bankruptcy and winding up

For larger debts, you can threaten or issue bankruptcy proceedings against an individual or a winding up petition against a company. These are not really collection tools. They are pressure tactics, and where the debtor has no assets they leave you with nothing.

Court fees and deposits make these expensive to start, and the debt has to be above the statutory minimum (check GOV.UK for current figures, as they change). A statutory demand is usually served first. The threat alone sometimes produces payment from a debtor who has been ignoring other letters, particularly a trading company that cannot afford to be wound up.

Choosing a route

A rough decision framework:

• Limited company debtor: a writ of control through HCEOs is often the first move. A statutory demand and winding up petition can work where the company is trading and wants to avoid the reputational hit. Third party debt orders help if you know the bank.
• Sole trader or self-employed: writ of control, charging order if they own property, third party debt order if you have banking details. Attachment of earnings won't work.
• Employed individual: attachment of earnings is the standard route. Charging order if they own a home and the debt justifies it.
• Property owner, any type: a charging order gives you long-term security even if you use something else for short-term recovery.
• You don't know enough: start with an order to obtain information.

You can also combine methods: a charging order alongside an attachment of earnings, for example, or a writ of control followed by bankruptcy if the HCEOs report nothing to seize. Each application has its own fee, which can generally be added to the judgment debt and recovered if enforcement succeeds, but you will need to fund it up front. Current fees are on GOV.UK.

For complex cases, particularly high-value claims or where the debtor's asset picture is unclear, it is usually worth taking legal advice before spending money on enforcement applications. The wrong route taken twice costs more than the right route taken once.

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 →