Obtaining a County Court Judgment (CCJ) against a debtor is an important legal step, but unfortunately, it does not always mean that the debtor will voluntarily pay the amount owed. If they fail to comply with the judgment, you will need to take enforcement action to recover your money.
At Talbots Law, we help individuals and businesses navigate the various enforcement options available to ensure the successful recovery of debts. In this article, we will outline the different enforcement methods and explain how to choose the most effective approach for your case.
Understanding Enforcement Options
Once you have obtained a County Court Judgment, the debtor is legally required to pay. However, if they refuse, there are several ways to enforce the judgment:
1. County Court Bailiffs or High Court Enforcement Officers (HCEOs)
- You can apply for a Warrant of Control, authorising County Court Bailiffs to visit the debtor’s premises and seize goods to cover the debt.
- If the debt is over £600, you can transfer enforcement to HCEOs, who have greater powers to seize and sell assets.
2. Attachment of Earnings Order
- If the debtor is employed, this order deducts payments directly from their wages.
- The court instructs their employer to withhold a portion of their salary until the debt is repaid.
3. Charging Order
- If the debtor owns property, a Charging Order can secure the debt against it.
- If they refuse to pay, you may apply for an Order for Sale, forcing them to sell the property.
If they refuse to pay, you may apply for an Order for Sale, forcing them to sell the property.
4. Third-Party Debt Order
- If the debtor has money in a bank account, this order freezes their funds and redirects them to you.
Each enforcement method has its benefits, and choosing the right one depends on the debtor’s financial situation.
How to Apply for County Court Judgment Enforcement
Enforcing a County Court Judgment involves submitting an application to the court, usually with a small fee. The process varies depending on the enforcement method:
- Warrant of Control – Apply using Form N323 and pay a court fee.
- Writ of Control – Use Form No 53 and pay a court fee
- Attachment of Earnings Order – Use Form N337 and pay a court fee.
- Charging Order – Apply using Form N379 and register the charge with the Land Registry.
- Third-Party Debt Order – Submit Form N349 and pay a court fee to freeze bank accounts.
Which Enforcement Option is Best?
Choosing the right enforcement method depends on:
- Whether the debtor has assets (e.g., property, vehicles, or valuables).
- Whether they are employed or have a bank account with funds.
- The amount of debt and the cost-effectiveness of enforcement action.
At Talbots Law, we conduct debtor investigations to determine the most effective enforcement strategy.
Supporting your Debt Recovery Challenges
Recovering unpaid debts can be a frustrating and time-consuming process, particularly if you are unfamiliar with the legal procedures involved. As experienced civil litigation lawyers, we have put together a clear, step-by-step guide to help individuals and businesses understand the debt recovery process in England and Wales.
Our series of comprehensive articles will walk you through each stage, from initial communication with the debtor to enforcement of a court judgment.
For further information and guidance, read the full series:
- Step 1 – Contacting the Debtor
- Step 2 – Sending a Letter Before Action (LBA)
- Step 3 – Issuing a County Court Claim
- Step 4 – Default Judgment & The Debtor’s Response
- Step 6 – Warrant of Control: Sending Bailiffs to Recover a Debt
- Step 7 – Writ of Control and HCEOs
- Step 8 – Charging Orders and Orders for Sale
- Step 9 – Attachment of Earnings Order
- Step 10 – Third-Party Debt Orders
- Step 11 – Preventing Debt Issues
Expert Legal Advice
Our debt recovery lawyers provide expert guidance on enforcing County Court Judgments. We assess the debtor’s financial position, recommend the best enforcement option, and handle all legal procedures on your behalf.
Our debt recovery product, Talbots Collect, is a fixed-fee debt recovery product specifically focussed on business-to-business debts that is fast, simple, and delivered at a competitive price. If you would like to speak with one of our debt recovery experts, please complete the form below.
Disclaimer
The contents of this blog or any other published by Talbots Law cannot be considered as legal advice. You should take no action without prior consultation with a qualified solicitor or legal professional. The contents of this blog refers to the process in England and Wales.
This blog was written by Lucky Bassi, Associate Solicitor, in our Dispute Resolution Team.