## **Learning Outcomes**

This article covers the procedures and strategic decision-making for enforcing civil money judgments in England and Wales, including:

- Distinguishing between obtaining judgment and achieving actual recovery of funds in practice
- Evaluating the debtor’s means, asset profile, employment status, and location to inform enforcement strategy
- Selecting the most suitable enforcement method and understanding its procedure, evidential requirements, court forms, and realistic prospects of success
- Detailing the formal steps and documents for taking control of goods (warrant/writ of control), charging orders, third-party debt orders, and attachment of earnings, with venue and notice requirements
- Using orders to obtain information to fill gaps in knowledge about the debtor’s finances and guide next steps
- Assessing practical constraints, statutory exemptions, priority of existing security, and legal limitations that affect effectiveness
- Advising on proportionality, sequencing or combining enforcement attempts, and managing fees and enforcement agents’ costs
- Considering alternatives where assets are unavailable or prospects are poor, including negotiation, instalments, and insolvency routes
- Providing client-focused guidance on risks, timelines, and the likelihood of recovery across common fact patterns

## **SQE2 Syllabus**

For SQE2, you are required to understand the procedures and strategic considerations for enforcing civil money judgments in England and Wales, with a focus on the following syllabus points:

- identifying available enforcement methods after judgment in civil proceedings (including controlled goods, charging orders, third-party debt orders, attachment of earnings);
- describing the application procedures and documentary/formal requirements for each enforcement method, including which forms, supporting evidence, and court venue are required;
- understanding the practical circumstances influencing the choice and effectiveness of enforcement orders, such as the debtor's asset profile, employment, and solvency;
- advising a client objectively on appropriateness, potential outcomes, procedural risks, and limitations of enforcement actions, emphasising the need for informed strategy in post-judgment civil procedures.

## **Test Your Knowledge**

_Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision._

1. Give three different court orders a judgment creditor can apply for to enforce a money judgment.
2. What information should a solicitor obtain about the debtor before advising on suitable enforcement action?
3. Describe briefly the main practical difference between a warrant of control and a third-party debt order.
4. Can enforcement action always ensure recovery of an unpaid judgment debt? Explain.

## **Introduction**

A civil money judgment does not enforce itself. Once judgment for payment of money is obtained in a claim, it is up to the judgment creditor (the successful party) to take appropriate court action if the judgment debtor fails to pay. The onus is on the judgment creditor to commence enforcement—this process is rarely automatic. In practice, not every judgment leads to easy recovery. The real-world ability of a creditor to recover depends on both the legal tools available and the debtor's circumstances, including employment status, asset position, and their willingness or ability to pay.

For SQE2, you must familiarise yourself with the procedures governing all principal enforcement methods, how to gather information about the debtor’s means, the risks and costs of enforcement, and the process for realistically advising clients—balancing legal options with likelihood of success.

> **Key Term: Enforcement (of judgment)**
> The process of applying to the court for legal orders or methods to compel a judgment debtor to pay sums owed under a civil judgment.

### Selection of enforcement method

The choice of enforcement method depends on the practical realities of the debtor's situation. The initial step after non-payment is to consider both publicly available information and information provided by the debtor—such as employer, assets, and outstanding debts—to make an informed assessment. Sometimes, an exploratory step (such as an order to obtain information) is necessary to determine what enforcement mechanism is likely to lead to recovery. A solicitor should weigh the type, value, and accessibility of the debtor’s assets and income against the likely costs and speed of different methods.

## Main methods of enforcement

Various formal options exist to enforce a money judgment in civil claims in England and Wales. Each is suited to particular debtor circumstances and legal constraints, and each has a codified procedure under the Civil Procedure Rules (CPR) and relevant statutes.

### Taking control of goods

The creditor can apply for either a _warrant of control_ (County Court) or a _writ of control_ (High Court, for debts of £600 or more). These orders permit enforcement agents (county court bailiffs or High Court Enforcement Officers) to attend the debtor’s premises, seize non-exempt goods, and, after giving seven clear days’ notice of enforcement, remove and sell those goods at auction to recover the judgment sum, enforcement costs, and fees. Any surplus is paid to the debtor.

Applications for such warrants or writs are made on prescribed forms (N323 for warrant of control, N293A for transfer to High Court and writ of control). The debtor must be given notice before agents attend (unless the court orders otherwise) and an inventory of controlled goods must be left.

Not all assets are seizable. Items necessary for the basic needs of the debtor and their family (e.g. clothes, bedding, and most essential household furnishings) are exempt, as are tools of trade required for employment or business (up to a statutory value), and goods owned by third parties or subject to finance. High Court Enforcement Officers may use reasonable force to enter commercial premises, but forced entry to a debtor’s home is not usually permitted unless re-entry is being made or there are exceptional circumstances.

> **Key Term: Warrant of control**
> A court order permitting enforcement agents to seize and sell a judgment debtor's goods in order to satisfy a money judgment.
>
> **Key Term: Writ of control**
> The equivalent High Court order permitting enforcement officers to seize and sell the debtor’s goods for payment of the judgment (for debts over £600).

This method is often most effective where the debtor has valuable, seizable assets at a known address, and there is not already a pre-existing charge or finance on those goods.

### Charging orders

Where a debtor owns real property, shares, or other assets capable of registration, the creditor may apply for a _charging order_ to secure the judgment debt as a legal charge over the asset. This places the creditor in a position similar to a secured lender or mortgagee. Charging orders may be made over land (including jointly owned land, in which case the order attaches to the debtor’s beneficial interest), securities, and certain funds.

The charging order procedure involves two stages: first, an interim charging order (usually granted without a hearing), which is served on the debtor and any other interested parties (such as joint owners or prior charge holders), followed by an opportunity to object. If objections are raised, a hearing is listed. If no objections, or if objections are dismissed, a final charging order is made and registered at the Land Registry or relevant register for securities.

Once a final charging order is in place, if payment is still not made, the creditor may (separately) seek an order for sale. This is a distinct application, and the court will examine proportionality, the rights of other joint owners, and the interests of any minors living at the property before ordering sale.

> **Key Term: Charging order**
> A court order imposing a legal charge over the debtor’s asset, usually land, to secure a money judgment—enforceable by sale if payment is not made.

Charging orders are most appropriate where the debtor holds valuable assets but is not expected to make immediate payment (or has no liquid funds), or where other methods of enforcement have failed.

### Third-party debt orders

If the debtor is owed money by a third-party—for instance, a credit balance in a bank account or an unpaid trade receivable—a creditor may seek a third-party debt order. The process involves the creditor applying without notice for an interim third-party debt order (most commonly against the debtor’s bank), which, if granted, 'freezes' the targeted balance up to the amount of the judgment debt. A later hearing is then fixed at which objections can be raised; if no good reason appears, the court orders payment of the credited funds to the creditor.

This method is unsuitable if the account is overdrawn, held jointly with non-debtors, or if the debtor’s money is moved before the application is processed.

> **Key Term: Third-party debt order**
> A court order requiring a third party who holds money on behalf of the debtor (such as a bank) to pay the funds directly to the judgment creditor.

Because applications are made without notice (CPR Part 72), this method offers an element of surprise, which can be decisive if the debtor's assets are at risk of being dissipated. However, it only attaches to sums genuinely belonging to the debtor at the moment of the interim order.

### Attachment of earnings order

If the debtor is in regular employment (not self-employed or a company), an attachment of earnings order can be obtained through the County Court. This requires the debtor’s employer to deduct a specified amount from the debtor’s net wages (taking account of a 'protected earnings rate') and to pay those deducted sums to the court, which then passes them on to the creditor until the judgment debt is satisfied.

> **Key Term: Attachment of earnings order**
> A court order that requires an employer to deduct amounts from the debtor’s wages and pay them to the creditor via the court until the judgment is satisfied.

Attachment of earnings is only effective against those with a stable employment relationship; directors paying themselves irregular dividends, self-employed individuals, and companies do not qualify. The court can vary or suspend the order if the debtor’s income changes, and an employer may face sanction if failing to comply.

### Obtaining information from the debtor

Where the creditor lacks sufficient information about the debtor’s means, assets, or sources of income, an _order to obtain information_ (formerly oral examination) is available. This order compels the debtor—or in the case of a company, an officer or director—to appear before the court and answer questions, under oath, about their financial circumstances. The process is important to inform choice of enforcement where the creditor’s knowledge is incomplete.

> **Key Term: Order to obtain information**
> A court order requiring the debtor (or a director/company officer) to attend court and provide full details of assets, income, and liabilities to assist enforcement.

Failure to comply with the order, including a failure to attend, answer questions, or sign the record as directed, is a contempt of court. The creditor may apply for a warrant of committal for the debtor’s arrest if they default.

## Procedure and considerations for enforcement

Selecting the enforcement method and preparing an application requires careful analysis of the debtor’s means. Searches can include Companies House, the Land Registry, insolvency registers, judgments registers, and credit checks, sometimes supplemented by the use of tracing agents. Any existing charges, bankruptcies, or insolvency events may render enforcement impractical or relegate your client to the position of an unsecured creditor.

A key consideration is proportionality: costs and court fees are associated with each enforcement application, and multiple concurrent efforts may quickly deplete the value recoverable. Enforcement orders do not operate in isolation and may sometimes be pursued in parallel, but legislative restrictions apply in certain cases (such as combining taking control of goods and an attachment of earnings order).

> **Key Term: Judgment creditor**
> The party entitled to enforce a money judgment in their favour.
>
> **Key Term: Judgment debtor**
> The party ordered by the court to pay a money judgment.

### **Worked Example 1.1**

A creditor wins a County Court judgment for £5,000. The debtor ignores the judgment. The creditor has no information about the debtor’s assets or employment. What initial step should be taken and why?

> **Answer:** The creditor should apply for an order to obtain information, compelling the debtor to attend court for questioning about their income, assets, and employment. This will help identify the most effective enforcement action.

### **Worked Example 1.2**

A creditor obtains a third-party debt order against the debtor’s bank account, but the account is overdrawn. What is the likely outcome?

> **Answer:** No funds will be obtained, as a third-party debt order only attaches funds actually in credit in the account at the time of the interim order. If overdrawn, nothing can be recovered through this method.

### **Worked Example 1.3**

Suppose a creditor has a judgment debt but discovers the debtor is in regular and well-paid employment yet does not own property or valuable assets, and has little credit in the bank. Which enforcement method is most likely to be effective in this scenario?

> **Answer:** An attachment of earnings order is likely the most effective, as deductions can be automatically made from the debtor's salary via their employer until the debt is cleared.

### **Worked Example 1.4**

A creditor obtains a charging order against a debtor’s jointly owned house. The debtor’s co-owner is not liable for the debt. What legal effect does this have?

> **Answer:** The charging order attaches only to the debtor’s beneficial share in the property, not the co-owner’s share. The creditor may seek an order for sale, but the court will balance the interests of non-debtor co-owners and any other relevant factors.

### **Exam Warning**

> Applying for an enforcement order (such as seizure of goods or an attachment of earnings) does not guarantee payment. If the debtor has no assets, or only exempt or secured assets, recovery may be impossible. Always consider proportionality and cost before recommending any enforcement step to a client.

## Limits, costs, and practical issues

All enforcement options incur court fees, which are usually recoverable if funds are collected from the debtor. However, multiple unsuccessful attempts will rapidly increase costs and cause delay. Agents' and officers’ charges are payable out of sums recovered. For controlled goods, the likely auction value is often far lower than the asset’s replacement value, and, after fees, a creditor might receive little or nothing unless the debtor has unencumbered property of real value.

Statutory exemptions from seizure or deduction include:

- household items necessary for basic domestic living;
- tools, equipment, or vehicles essential to the debtor’s business (up to a statutory value);
- assets owned by third parties or subject to finance agreements.

Where a debtor is unable to pay and has no seizable assets or attachable income, or owes multiple judgments, insolvency or bankruptcy proceedings may be considered. These are not strictly enforcement methods but may be a necessary or strategic last resort, especially for judgment sums above the statutory bankruptcy threshold.

> **Key Term: Bankruptcy**
> A legal process whereby an insolvent individual’s assets are collected and sold off for the benefit of all creditors, potentially resulting in discharge of the debt.

Judgment debts are also entered into a public register (the Register of Judgments, Orders and Fines), visible in credit checks for six years (unless paid within 30 days), which can affect the debtor’s ability to obtain credit.

### **Revision Tip**

> Always assess the debtor's likely ability to pay before advising on enforcement. Use credit checks, property searches, and formal court procedures for obtaining information.

## Alternatives and negotiation

The existence of a judgment debt and the threat or commencement of enforcement action may trigger the debtor to negotiate or offer settlement proposals—often avoiding time-consuming and costly enforcement steps for both sides. While a creditor may pursue strict enforcement, they should consider the cost-benefit of agreeing to repayment by instalments, particularly in the case of individual debtors with irregular income or fluctuating financial circumstances.

The court itself may also make an order for payment by instalments, either at the request of the debtor or after considering the evidence at an enforcement hearing. Where a voluntary settlement is achieved, it can be embodied in a formal agreement or a Tomlin order, which can be enforced later if the settlement terms are breached.

## **Key Point Checklist**

_This article has covered the following key knowledge points:_

- Enforcement of a money judgment is not automatic; the creditor must take active steps.
- Main court enforcement methods include taking control of goods, charging orders, third-party debt orders, and attachment of earnings orders.
- Choosing the correct enforcement method depends on full and up-to-date information about the debtor’s assets, income, employment, and business interests.
- Orders to obtain information from the debtor are a significant first step where the creditor lacks adequate details of the debtor’s finances or location.
- Court and enforcement commission fees are payable for each enforcement action, usually added to the recoverable judgment sum, but can reduce or eliminate the upside if nothing is recovered.
- Some assets are legally exempt from seizure or deduction, including basic household goods, certain business equipment, and joint ownership shares beyond the debtor’s interest.
- Bankruptcy and insolvency are separate processes, relevant where a debtor is unable to pay and owes significant sums, but can affect all creditors and usually lead to loss of control over enforcement.
- The practical, proportional, and financial consequences of enforcement, including debtor insolvency, the presence of prior creditors, and statutory limitations, must be considered before taking action.
- Negotiation and realistic assessment of prospects are essential to legal advice in this area.

## **Key Terms and Concepts**

- Enforcement (of judgment)
- Warrant of control
- Writ of control
- Charging order
- Third-party debt order
- Attachment of earnings order
- Order to obtain information
- Judgment creditor
- Judgment debtor
- Bankruptcy

Civil claim procedures - Enforcement of money judgments