Enforcing a Court Judgement

When is enforcement used?

If, having obtained a judgment in the County Court or the High Court the judgment debtor (the party against whom the judgment has been obtained) does not make payment voluntarily, the judgment creditor (the party who brought the claim) can enforce the judgment in order to attempt to secure payment.

How can a judgment be enforced?

There are a number of different ways in which a judgment can be enforced. The most common methods used are as follows:

Warrant of Execution / Writ of Fieri Facias

This method involves a Bailiff (if the judgment was obtained in the County Court) or a High Court Enforcement Officer (if the judgment was obtained in the High County or if the matter has been transferred from the County Court to the High Court for enforcement purposes) attending the judgment debtor’s home or premises and seizing and then selling goods to the value of the judgment.

Before the Bailiff or High Court Enforcement Officer can seize any goods it is necessary for the judgment creditor to obtain from the court a Warrant of Execution (if the judgment was obtained in the County Court) or a Writ of Fieri Facias (if the judgment was obtained in the High Court).

The main advantage of this method of enforcement is that it is relatively inexpensive. The main disadvantages are that not all types of goods can be seized (for example tools of the judgment debtor’s trade cannot be seized) and a Bailiff or High Count Enforcement Officer cannot gain entry to a house or premises by force.

Charging Orders

A charging order operates in a similar manner to a mortgage and, therefore, can only be used where the judgment debtor owns a property.

An application for a charging order is a 2 stage process. The first stage involves the making of an interim charging order and the second stage involves the making of a final charging order.

The first stage is essentially a paper exercise and is normally done without giving any notice to the judgment debtor. This stage involves the judgment creditor making an application to the court for an interim charging order. Assuming that the application complies with the necessary formalities the judge will grant an interim charging order and list a hearing at which a judge will consider whether to make a final charging order or not. The judgment debtor will be given notice of the hearing and will be able to make representations as to why a formal charging order should not be made.

A charging order can be registered with the Land Registry and if and when the judgment debtor sells the property, if there is sufficient equity in the property, the monies owed under the judgment are paid to the judgment creditor (the person who is owed the money) together with interest from the date of the charging order.

The main disadvantage of a charging order is that it gives the judgment creditor no automatic right to sell the property. The judgment creditor may, therefore, have to wait for many years before it receives payment.

Once a charging order has been obtained the judgment creditor can apply to the court for an order for the sale of the property. However, in practice the courts rarely make such orders.

Third Party Debt Orders

This method is used to enforce a judgment where a third party owes money to the judgment debtor. Where a third party debt order is made by the court, the third party is required to make payment direct to the judgment creditor.

This method is rarely used in practice as the existence of a third party debt is generally not known to judgment creditors.

Attachment of Earnings

This method may be used where a judgment debtor is an individual and is in paid employment. An attachment of earnings order can be obtained from the County Court but not the High Court. Where an attachment of earnings order is made the judgment debtor’s employer will be required to deduct a regular sum from the judgment debtor’s wages or salary and pay that sum direct to the judgment creditor until the monies owing under the judgment have been paid. The court will decide how much should be deducted when it makes the order.

The main disadvantages of this method are that it can take some time to obtain payment in full and the procedure can not be used where the judgment debtor is self- employed.

Which is the best method of enforcement?

The most effective method of enforcement will depend upon the circumstances and known assets of the judgment debtor in a particular case as well as the amount of the judgment.

A judgment creditor can apply to the court for an order to obtain information from the judgment debtor, or in the case of a company or business, an officer of the company or business.

Where an order is made the judgment debtor will be required to attend court and provide details of their assets and income. The details will normally be provided to a member of the court’s office staff rather than a judge but will be given under oath. The judgment creditor is allowed to attend and will normally be allowed to ask questions. If the judgment debtor fails to attend court or refuses to answer questions under oath the matter they may ultimately face imprisonment.

In most cases the judgment creditor is free to decide which method of enforcement to use. A judgment creditor can, in most cases, use more than one method of enforcement, either at the same time or one after the other.


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