How to enforce a County Court judgment

Short answer

A County Court money judgment can be enforced against the debtor's goods in one of two ways: a warrant of control executed by County Court bailiffs, or, after transfer to the High Court, a writ of control executed by a High Court Enforcement Officer. Article 8 of the High Court and County Courts Jurisdiction Order 1991 fixes which is available. A judgment for £5,000 or more must be enforced in the High Court; one for less than £600 only in the County Court; anything in between may go to either. A judgment arising from an agreement regulated by the Consumer Credit Act 1974 stays in the County Court whatever the amount. Transfer to the High Court is a request for a certificate of judgment, and the grant of the certificate itself transfers the proceedings.

The law

Article 8(1) of the High Court and County Courts Jurisdiction Order 1991 provides that a County Court money judgment which is sought to be enforced wholly or partially by execution against goods shall be enforced only in the High Court where the sum sought to be enforced is £5,000 or more, only in the County Court where the sum is less than £600, and in any other case may be enforced in either court. Article 8(1A) adds that a judgment in proceedings arising out of an agreement regulated by the Consumer Credit Act 1974 shall be enforced only in the County Court.

Section 42 of the County Courts Act 1984 governs the transfer itself. Under section 42(2) the County Court may order the transfer of any proceedings before it to the High Court, on its own motion or on the application of any party (section 42(3)). Section 42(5) provides that where proceedings for the enforcement of a County Court judgment are transferred, the judgment may be enforced as if it were a judgment of the High Court and is treated as a judgment of that court for all purposes, subject to section 42(6), which keeps the County Court's powers to set aside, correct, vary or quash the judgment, and the County Court appeal provisions, in place.

CPR rule 83.19 sets the mechanics. It applies where the creditor requests a certificate of judgment under rule 40.14A(1) to enforce in the High Court by execution against goods (or, in a possession claim against trespassers, an order for possession of land). The grant of the certificate takes effect as an order to transfer the proceedings to the High Court, effective on grant; the County Court then gives notice to the debtor and records the transfer. Rule 83.19(4) holds the request back while any of the following is pending: an application to vary the date or rate of payment, an application to set aside or vary the judgment, a request for an administration order, or an application for a stay of execution under section 88 of the County Courts Act 1984. Rule 83.1(2) takes the meaning of writ of control and warrant of control from section 62(4) of the Tribunals, Courts and Enforcement Act 2007.

GOV.UK names the forms: N293A, the combined certificate of judgment and request for a writ, for the High Court route, and N323, the request for a warrant of control, for the County Court route. It adds that you may need legal advice if you apply at the High Court.

The costs

Sealing a writ of control costs £82; a County Court warrant of control costs £96. The enforcement agent's fees then follow the Taking Control of Goods (Fees) Regulations 2014: Table 2 for a High Court writ (compliance £79, first enforcement stage £200 plus 7.5% of the debt above £1,200, second enforcement stage £520, sale £550 plus 7.5% above the threshold) and Table 1 for a County Court warrant (compliance £79, enforcement £247 plus 7.5% above £1,900, sale £116 plus the percentage). The fee calculator works either table through for any amount.

What happens next

1. Check the amount band. Under £600: County Court warrant only. £5,000 or more: High Court writ only. In between: the creditor chooses. A Consumer Credit Act debt stays in the County Court.
2. Check nothing is pending. A transfer request will not be dealt with while an application to vary payment, set aside the judgment, obtain an administration order or stay execution is outstanding (CPR 83.19(4)).
3. County Court route. File form N323 at the County Court hearing centre; a warrant of control is applied for by filing a request without notice (CPR 83.15). GOV.UK describes what follows: the bailiff asks for payment within seven days, then visits the home or business to see if anything can be sold.
4. High Court route. File form N293A requesting a certificate of judgment. On grant the proceedings transfer (CPR 83.19(2)); the writ of control is sealed in the High Court and passed to a High Court Enforcement Officer. Transferring to the High Court and instructing an enforcement provider cover the practical steps, and the writ or warrant comparison sets the two against each other.
5. If goods are not the answer. Where the debtor has wages, a bank balance or property rather than goods, the other methods may fit better: see enforcement orders explained and the which enforcement method advisor.

Where to get help

A creditor with a judgment of £5,000 or more, or one between £600 and £5,000 who is unsure which court suits the case, should take advice from a solicitor or a High Court Enforcement Officer before filing. A debtor who has received a notice of enforcement can get free, independent advice from National Debtline on 0808 808 4000 or Citizens Advice; the debtor rights page explains the protections that apply.