Enforcing the Judgment

Getting judgment in your favour (i.e. winning the case), doesn't mean you get paid. If you want to be paid you will now have to 'enforce the judgment'.

You have to decide whether to enforce the judgment and how. If the defendant hasn't got the money or any saleable possessions you are not going to get paid. You will have to decide whether the chances of getting payment are high enough to justify the further additional cost and effort of enforcing the judgment.

Main Enforcement Methods

Additional Options

Warrant of Control/Execution

You apply for a warrant of control by sending the court Form N323 (request to issue a warrant of control). There is a fee payable with the form.

If the defendant's premises are outside of the court's area the warrant will be forwarded to the nearest court. In most cases the court will send the defendant notice that a warrant has been issued. If no payment is received after seven days the bailiff will try to collect payment or take goods from the defendant.

If the bailiff is successful you will receive payment from the court. This may take some time, especially if goods are first to be sold at auction.

Attachment of Earnings

You can apply for an attachment of earnings provided:

• the defendant has not paid or is behind with payments,
• the amount outstanding is more than £50,
• the defendant is a private individual (i.e. not a firm or Ltd. Co.) and
• the defendant is in employment.

To apply for attachment of earnings you need to fill in a copy of Form N337 and send it to the court with the appropriate fee.

The court will try and get a 'statement of means' from the defendant. This will tell the court how much the defendant earns and how much they need to spend to cover regular bills. If the defendant's income is low it may not be possible to make an attachment. Otherwise the court will decide on the level at which payments are to be set.

Garnishee Order

You can use a garnishee order to force a third party who either holds money belonging to the debtor or owes the debtor money. The garnishee order only works once at the moment it is served. If there is no money in a bank account at the time it is served then the order fails.

To apply for a garnishee order you need to fill in a copy of Form N349 and send it to the court with the appropriate fee.

Charging Order

A charging order is usually made in relation to the defendant's house or any land they might own. It can be useful where the defendant owns some substantial asset but does not have any ready cash with which to pay you.

A charging order does not of itself get you payment but it prevents the defendant from selling the property without paying you.

Oral Examination

An oral examination is not a way of getting your money but allows you to obtain more information about the defendant's finances. It requires the defendant to come to the court and answer any questions you put to him regarding his finances.