Enforcement of judgments

DR.12 — Enforcement of Judgments

A money judgment is not self-executing. The creditor must take separate enforcement steps. Obtaining information first: apply under CPR Part 71 for an order to obtain information from the debtor (oral examination before a court officer). Choose the right method against the debtor's known assets.

The main methods (CPR Parts 70–73, 83, 84, 89)

• Taking control of goods (writ/warrant) — CPR Parts 83 & 84 (TCE Act 2007 + Taking Control of Goods Regulations 2013). An enforcement officer (High Court HCEO; County Court bailiff) seizes and sells the debtor's goods. Writ of control (High Court) vs warrant of control (County Court).
• Third party debt order — CPR Part 72. Freezes money a third party owes the debtor (typically a bank account); interim order then final order directing payment to the creditor. Joint accounts generally can't be reached unless the judgment is against all account holders.
• Charging order — CPR Part 73. Secures the debt against the debtor's land or securities; interim then final charge. Can be followed by an order for sale (a separate application). Mercantile Credit v Ellis; proportionality is key for owner-occupied homes.
• Attachment of earnings order — CPR Part 89 (County Court only). Employer deducts from wages. Not available against the self-employed.
• Insolvency (bankruptcy/winding up) — pressure tactic, not strictly enforcement; statutory demand needs a debt of £5,000 (bankruptcy) / £750 (company winding up).

Allocation between courts (jurisdiction trap)

• Judgments £600+ may be enforced by taking control of goods in the High Court; judgments £5,000+ under a regulated agreement (CCA 1974) generally must transfer up. Under £600 stays in the County Court. High Court HCEOs are often faster/more effective for goods.

Common traps

• Enforcement is not automatic and the creditor bears the risk the debtor has no assets (a judgment ≠ payment).
• Pick the method to the asset: TPDO for cash, charging order for property, attachment of earnings for employed debtors.
• A single judgment debt cannot be split to use both a County Court and High Court route simultaneously for control of goods.
• Interest runs at 8% on High Court money judgments with no minimum (s.17 Judgments Act 1838). For County Court money judgments, 8% interest runs only on debts of £5,000+ (County Courts Act 1984 s.74 / County Courts (Interest on Judgment Debts) Order 1991).
• Standard enforcement limitation: take steps within 6 years (permission needed after that).