You Won the Case but the Defendant Won't Pay
Winning a court judgment is only the first step. If the defendant does not pay voluntarily, you must enforce the judgment using one of several available methods.
Quick Answer
Winning a judgment does not guarantee payment. You must apply separately to enforce it. The main options are a warrant of control (bailiff), attachment of earnings, a third-party debt order (to freeze money in the defendant's bank account), a charging order over property, or — if the debt is over £5,000 — statutory demand and bankruptcy or winding-up proceedings.
Full Explanation
A judgment from the county court or High Court is a legal obligation to pay, but the court does not collect the money on your behalf. You must choose and apply for an enforcement method. The best method depends on the defendant's circumstances — whether they are employed, own property, or have money in a bank account.
A warrant of control (Form N323) sends court-appointed enforcement agents (formerly bailiffs) to seize and sell the defendant's goods. It is quick and relatively cheap to apply for, but is ineffective if the defendant has no significant moveable goods. The Tribunals, Courts and Enforcement Act 2007 and the Taking Control of Goods Regulations 2013 govern how enforcement agents must act.
An attachment of earnings order (Form N337) requires the defendant's employer to deduct the debt from their wages at source and pay it to the court. It is only available in the county court, and only if the defendant is an employee (not self-employed). It is highly effective when the defendant has a steady income.
A third-party debt order (Form N349, CPR Part 72) freezes money held by a third party — typically a bank — that is owed to the defendant, and directs that money to you. It is effective if you know which bank the defendant uses and there is money in the account, but the freezing effect is immediate on the day of the interim order.
A charging order (Form N379, CPR Part 73) places a charge over the defendant's land or other assets. It does not immediately realise cash but secures the debt and prevents the property being sold without discharging it. You can follow up with an application for an order for sale, though courts are reluctant to order the sale of a family home for a modest debt.
For debts over £5,000 owed by an individual, you can serve a statutory demand and, if unpaid after 21 days, issue a bankruptcy petition. For a company, the threshold is £750 for a winding-up petition, though the courts have discouraged use of winding-up petitions as debt-collection tools for genuinely disputed debts. Transfer to the High Court and instructing a High Court Enforcement Officer (HCEO) can also be effective for larger debts.
Legal Basis
- §Tribunals, Courts and Enforcement Act 2007 (warrants of control)
- §Charging Orders Act 1979
- §Attachment of Earnings Act 1971
- §CPR Parts 70–73 (enforcement)
What To Do
Investigate the Defendant's Assets
Apply for an order to obtain information from the defendant (Form N316). The court summons the defendant to attend and answer questions about their income, assets, and bank accounts under oath. This is the most important step before choosing an enforcement method.
Choose Your Enforcement Method
If employed: attachment of earnings (N337). If goods/assets: warrant of control (N323). If bank account known: third-party debt order (N349). If they own property: charging order (N379). If over £5,000 and insolvent: statutory demand then bankruptcy petition.
Apply for the Enforcement Order
File the relevant form at the county court with the application fee. For warrants of control, the enforcement agent contacts the defendant first. For third-party debt orders, the interim order is made without notice and served on the bank immediately.
Consider Transfer to the High Court
For judgments over £600, you can transfer to the High Court and instruct a High Court Enforcement Officer (HCEO). HCEOs are often more effective than county court bailiffs for recovering money and can charge higher fees to the debtor.
Monitor and Persist
Enforcement is often not a one-step process. If one method fails, try another. Keep a record of all enforcement attempts and orders made. If the defendant is genuinely insolvent, you may have to write the debt off or wait for their financial circumstances to improve.
Important Deadlines
Important Warnings
Enforcement fees are added to the judgment debt and recovered from the defendant, but only if enforcement is successful — you will bear the cost if the defendant has no realisable assets.
A charging order over a family home does not guarantee a sale; courts are reluctant to make orders for sale on consumer debts, particularly where the property is the family home.
Do not serve a statutory demand or issue a winding-up petition for a debt that is genuinely disputed — this constitutes an abuse of process and can result in a significant costs order against you.