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Law

How do I enforce a Judgement?

Enforcing a money judgment from the Small Claims Court in the UK involves a few key steps if the defendant (debtor) hasn’t paid voluntarily after judgment. Here's a clear breakdown of your enforcement options:

1. Wait 14 Days
 

  • After a judgment is made, the debtor has 14 days to pay. If they don't, you can begin enforcement.
     

 2. Choose an Enforcement Method
 

  • You have several options. The best one depends on what you know about the debtor's situation (e.g. employment, assets, address).
     

A. County Court Bailiff (Warrant of Control)
 

  • Court bailiffs can visit the debtor’s home/business and seize goods to sell.

  • Fee: £83 (added to what the debtor owes).

  • Limit: Can be used for debts up to £5,000 in the County Court.

  • Apply using: Form N323 or online via Money Claim Online (MCOL).
     

B. High Court Enforcement Officer (HCEO)
 

  • Used for debts over £600 (and not covered by the Consumer Credit Act).

  • More effective than county court bailiffs.

  • First, you must “transfer up” your judgment to the High Court for enforcement.

  • Fee: £71 to transfer + HCEO fees (added to the debt if successful).

  • Apply using form N293A and request a “writ of control.”
     

C. Attachment of Earnings Order
 

  • If the debtor is employed, money is taken directly from their wages.

  • Not applicable to self-employed people or those on benefits.

  • Use form N337 to apply.

  • Fee: £119 (added to the debt).
     

D. Charging Order
 

  • Secures the debt against property owned by the debtor (like a house).

  • Can be useful if they own a property but won't pay.

  • Use form N379.

  • Note: You usually need to apply for an interim and final charging order.

  • This doesn’t force sale immediately — you may need a further court order.
     

E. Third Party Debt Order
 

  • If the debtor has money in a bank account or is owed money by someone else, you can apply to freeze and claim it.

  • Use form N349.

  • Fee: £119.
     

3. Consider Debtor’s Finances
 

  • If you’re unsure about the debtor’s ability to pay or assets, you can apply for an Order to Obtain Information (form N316) — this forces them to attend court and disclose their income, assets, etc.
     

4. Fees and Recovery
 

  • Most court fees can be added to the judgment amount, so you may recover them if enforcement is successful.
     

5. Time Limit
 

  • Judgments can be enforced for up to 6 years, but enforcement becomes harder the longer you wait.

Contact

T: 07512 121974

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