How to Enforce a County Court Judgment

Winning your case is only half the battle. If the defendant (now called the "judgment debtor") does not pay voluntarily, you need to enforce the judgment:

Key points: - The court does not automatically collect money for you - You must apply for enforcement, which costs additional fees - Different methods suit different situations - You can try multiple methods if the first does not work - You have 6 years to enforce a judgment

Before enforcing: - Send a letter giving them 14 days to pay - Consider whether they can actually pay - Think about which enforcement method best fits their circumstances - Check if they have appealed the judgment

What it is: Bailiffs (enforcement agents) can seize and sell the debtor's goods to recover the debt.

Best for: - Debtors who have valuable possessions - Businesses with equipment or stock - Debtors who may pay to avoid bailiff action

How to apply: - Complete form N323 (for High Court) or request via MCOL - Fee: £83 (county court), £66+ (High Court) - High Court enforcement agents can be used for debts over £600

What happens: - Bailiffs visit the debtor's address - They can seize goods that belong to the debtor - Goods are sold at auction - Proceeds pay the debt, costs, and fees

Limitations: - Cannot take essential items (basic furniture, tools of trade up to £1,350) - May not find valuable goods - Debtor may not be at home

What it is: Money is deducted directly from the debtor's wages by their employer.

Best for: - Debtors in stable employment - Regular, ongoing payments - Where you know their employer

How to apply: - Complete form N337 - Fee: £110 - The debtor must complete a statement of means

What happens: - Court calculates how much the debtor can afford - Employer deducts this amount from wages - Payments sent to court, then to you

Limitations: - Does not work for self-employed debtors - Court protects the debtor from excessive deductions - May take a long time to recover the full debt - Debtor may change jobs

What it is: Money is taken directly from the debtor's bank account or from someone who owes them money.

Best for: - Debtors with money in the bank - Where the debtor is owed money by others

How to apply: - Complete form N349 - Fee: £110 - You need to know their bank and, ideally, account number

What happens: - Court freezes the account (interim order) - Hearing to decide if money should be paid to you (final order) - Bank pays the debt directly to you

Limitations: - The bank account may be empty or overdrawn - You need to know which bank they use - Joint accounts may be protected - The debtor may move money before the freeze

What it is: Your debt is secured against the debtor's property (usually their home). When they sell, you get paid.

Best for: - Debtors who own property - Large debts worth waiting for - When other methods have failed

How to apply: - Complete form N379 (interim) then N380 (final) - Fee: £110 - You can also apply for an order for sale (forcing the sale)

What happens: - Interim charging order is granted - Hearing for final order - Charge registered against the property - When property sells, you are paid from proceeds

Limitations: - You may wait years for payment - May not be granted on the family home for small debts - Other charges (mortgages) are paid first - Debtor may have negative equity

What it is: The debtor must attend court and answer questions about their finances under oath.

Best for: - When you do not know the debtor's circumstances - Deciding which enforcement method to use - Putting pressure on the debtor

How to apply: - Complete form N316 - Fee: £55 - The debtor must attend court

What happens: - Debtor is questioned about income, assets, debts - You can ask questions (or an officer of the court does) - Information helps you choose an enforcement method - Failure to attend can lead to arrest

Note: This does not directly recover money but helps you understand what the debtor has and the best way to recover your debt.