Enforcement orders: what they are and the methods in order of use

Short answer

A judgment does not collect itself. An enforcement order is the separate order, writ or warrant that puts it into effect against a debtor's goods, money, earnings or land. CPR 70.2(1) provides that Practice Direction 70 sets out the methods of enforcing judgments for the payment of money, and CPR 70.2(2) leaves the creditor free to choose between them. GOV.UK lists five routes: bailiffs, deductions from wages, freezing an account, a charge over property, and an order to attend court and answer questions.

The law

CPR 70.1 defines the parties: the "judgment creditor" is the person entitled to enforce a judgment, the "judgment debtor" the person against whom it was given. CPR 70.2(2) is the rule that shapes every enforcement strategy:

"A judgment creditor may, except where an enactment, rule or practice direction provides otherwise: (a) use any method of enforcement which is available; and (b) use more than one method of enforcement, either at the same time or one after another."

Goods are reached by a writ of control in the High Court or a warrant of control in the County Court. Both take their meaning from section 62(4) of the Tribunals, Courts and Enforcement Act 2007 (CPR 83.1); a writ of execution, by contrast, covers writs of possession, delivery and sequestration, but not writs of control. A warrant of control is applied for by filing a request at the County Court hearing centre, without notice, and a court officer may discharge the district judge's functions on it (CPR 83.15). Where the creditor wants the High Court to enforce a County Court judgment against goods, a request for a certificate under CPR 83.19 carries with it an order transferring the proceedings to the High Court. A writ or warrant outside the taking control of goods procedure lasts 12 months, extendable by the court for further periods of 12 months (CPR 83.3); one using that procedure lasts for the period in regulation 9(1) of the Taking Control of Goods Regulations 2013 (CPR 83.4). Permission of the court is needed in the cases listed in CPR 83.2, including where six years or more have elapsed since the date of the judgment and where there has been a change of parties. The application must identify the judgment, state the amount due and explain the delay.

The other methods reach assets that are not goods. GOV.UK describes an attachment of earnings order as an order the court sends to the debtor's employer to deduct money from wages; a third party debt order as freezing money in bank or business accounts, with the court deciding whether the funds can be used to pay; and a charging order as a charge on the debtor's land or property so the debt is repaid when it is sold. Each of the last three is granted by the court on application, not by a court officer on request. An order to obtain information is the fact-finding step: GOV.UK describes asking the court to order the debtor to attend and give information about income and spending before any further action is taken.

Under CPR 70.3, a creditor wanting to enforce a High Court judgment in the County Court applies to the High Court for an order transferring it. Under CPR 70.6, if a judgment or order is set aside, any enforcement of it ceases to have effect unless the court orders otherwise. GOV.UK adds that enforcement cannot proceed while the debtor has Breathing Space protection.

The costs

GOV.UK is blunt: "You must pay a court fee when you ask the court to collect the payment." Sealing a writ of control costs £82 and a warrant of control £96. An application for a charging order costs £139, a third party debt order £139 and an attachment of earnings order £139. A creditor's bankruptcy petition carries a court fee of £352 and a winding-up petition £352. Enforcement agent fees are separate and fixed by the Taking Control of Goods (Fees) Regulations 2014: see enforcement fees and the fee calculator.

What happens next

The usual order of use follows cost and information. Most creditors start with control of goods, because it is the cheapest order to obtain and the enforcement agent's fees fall on the debtor: GOV.UK notes that the bailiff "will ask for payment within 7 days", then visits the home or business to see if anything can be sold. On a judgment of £600 or more, that step is often taken in the High Court rather than the County Court: High Court vs County Court sets out the difference and writ of control vs warrant of control compares the two instruments.

Where goods do not satisfy the debt, the next question is what else is known about the debtor. Known employment points to an attachment of earnings, a known account to a third party debt order, and known property to a charging order, which secures the debt rather than producing cash now. Where nothing is known, the order to obtain information comes first. Insolvency is the last resort, and a different kind of proceeding rather than another enforcement order: insolvency vs enforcement and bankruptcy vs winding-up petition weigh it up. The step by step sequence is in the GOV.UK guide to enforcing a judgment and in choosing an enforcement method; which enforcement method narrows the choice, and when enforcement fails covers the dead ends.

Where to get help

A creditor choosing between methods is making a commercial judgement as much as a legal one, and a solicitor or an enforcement firm will say what is realistic before the fee is paid. A debtor who receives notice of any of these orders should take free, independent advice at once from National Debtline on 0808 808 4000 or from Citizens Advice, both of which can help with an application to vary the order. Complaints about the conduct of an enforcement agent go to the agent's firm and then to the Enforcement Conduct Board.