When happens if the defendant fails to pay?

1. Deadline for Payment
 

• The defendant is usually given 14 days to pay the amount ordered by the court. Sometimes the court will set a different deadline or payment schedule.

• If they do not pay within this time:

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2. Enforcement Options for the Claimant

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The claimant must apply to enforce the judgment — it's not automatic. The options include:
 

a. Warrant of Control (via County Court Bailiffs)

• Bailiffs can be sent to seize goods to cover the debt.

• This is a common method if the amount is under £5,000.

• Fee: £83 (added to the debt if successful).

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 b. Attachment of Earnings Order

• If the defendant is employed, money can be taken directly from their wages.

• The court writes to the employer to arrange this.
   

c. Charging Order

• If the defendant owns property, a charge can be placed on it.

• You could eventually force a sale to recover your money.

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 d. Third Party Debt Order

• Freezes money in the defendant's bank account (or owed to them by someone else) to pay you.
   

3. Credit Record Impact
 

• The judgment will appear on the defendant’s credit record for 6 years unless they pay within 30 days.

• This can severely affect their ability to get loans or credit.

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 4. Interest and Additional Costs
 

• Interest can be added (usually 8% per year for judgments over £5,000).

• Enforcement fees and court costs are usually recoverable from the defendant.
   

 5. If the Defendant Still Refuses to Pay
 

• Multiple enforcement actions may be needed.

• In some cases, especially where the defendant has no assets or income, it may be difficult to recover the money.