You've won your court case and have a CCJ (County Court Judgment) against someone, but they still haven't paid. Now what? Here's how to enforce your judgment and actually get your money.
Why might you need to enforce?
A CCJ is a legal order to pay, but it doesn't force money into your account automatically. Some debtors:
- Ignore the judgment hoping you'll give up
- Claim they can't afford to pay
- Simply refuse to engage
- Don't have obvious assets
Enforcement puts real pressure on them and, in many cases, takes the money directly.
Your enforcement options
1. County Court Bailiffs (Warrant of Control)
What it is: Court-appointed bailiffs visit the debtor to collect payment or seize goods to sell.
Best for: Debtors with physical assets (equipment, vehicles, stock)
Cost: Court fees of £94 (added to the debt). There may be other fees that the bailiff will add to the debt due from the debtor in due course.
How it works:
- Apply to the court for a warrant of control
- Bailiffs contact the debtor
- They either pay up or goods are seized
- Seized goods are sold at auction
Pros: Relatively cheap, straightforward
Cons: Bailiffs can only take certain goods, long waits, lower recovery rates
2. High Court Enforcement Officers
What it is: Private enforcement agents authorised by the High Court. They are often more assertive than county court bailiffs.
Best for: Debts over £600, debtors with assets, when you want faster action
Cost: Court fee of £80. THere may be other fees that the HCEOs will add to the debt due from the debtor, usually no upfront cost to you
How it works:
- Transfer your CCJ to the High Court (costs £80)
- Instruct a High Court Enforcement company
- Enforcement officers visit the debtor and demand payment
- They can seize and sell goods
Pros: Faster, more effective, often no upfront cost
Cons: Only for debts over £600, debtor must have seizable assets
3. Attachment of Earnings Order
What it is: Money is deducted directly from the debtor's wages by their employer.
Best for: Employed debtors with regular income
Cost: Court fee of £135 (added to the debt)
How it works:
- Apply to the court
- The debtor must disclose their income and expenses
- The court orders their employer to deduct a set amount each month
- The employer sends the money to the court, then it is sent to you
Pros: Regular payments, hard to avoid
Cons: Only works if they're employed, takes time, they can change jobs
4. Charging Order
What it is: A legal charge placed on the debtor's land / property (rather like a mortgage). You can then compel sale of the asset. When they sell, you get paid.
Best for: Debtors who own property but claim they can't pay
Cost: £135 (added to the debt)
How it works:
- Apply for an interim charging order
- Attend a court hearing for a final order
- The charge is registered against their property
- Apply for the sale of the property, if possible.
- When they sell or remortgage, your debt is paid from the proceeds
Pros: Secures the debt against a real asset
Cons: You only get paid when they sell (if you cannot apply for sale, this could be years)
Next step: You can apply for an order for sale to force the property to be sold, but this is rarely granted for smaller debts.
5. Third Party Debt Order
What it is: Money is taken directly from the debtor's bank account.
Best for: Debtors with money in the bank
Cost: £135 (added to the debt)
How it works:
- Apply for an interim order (freezes the account)
- Attend a hearing for the final order
- The bank pays you directly from their account
Pros: Direct access to their money
Cons: You need to know which bank they use, they might have no money in it
Which enforcement method should I choose?
| Situation | Best option |
|---|---|
| Debtor has a job | Attachment of earnings |
| Debtor owns property | Charging order |
| Debtor has assets/stock | High Court Enforcement |
| Debt is under £600 | County Court bailiffs |
| Debt is over £600 | High Court Enforcement |
| You know their bank | Third party debt order |
How much does enforcement cost?
| Method | Court fee | Other costs |
|---|---|---|
| County Court bailiffs | £94 | None |
| High Court transfer | £80 | Usually none (HCEOs charge the debtor) |
| Attachment of earnings | £135 | None |
| Charging order | £135 | Possible hearing costs |
| Third party debt order | £135 | None |
All fees are added to the debt, so if enforcement succeeds, the debtor pays them.
What if enforcement doesn't work?
Sometimes debtors genuinely have nothing or claim they have nothing:
- No job
- No property
- No assets
- No money in the bank
In these cases:
- The CCJ remains valid for 6 years (you can try again later)
- Their situation may improve
- The CCJ damages their credit rating, creating pressure to resolve it
- You can apply for information about their assets (an "order to obtain information")