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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:

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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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