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:

2. Enforcement Options for the Claimant

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).

 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.

 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.

 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.