Enforcing a Money Judgment in England & Wales
Enforcing a money judgment is the process of recovering the funds awarded by a court. After winning a case, it becomes the claimant's responsibility to pursue enforcement if the debtor does not pay voluntarily.
Step 1: Check If You’re Ready to Enforce
Winning a court case doesn’t always mean getting paid. Enforcement is the process of making sure the person or business who owes you money (the “judgment debtor”) pays up after a court judgment if they do not pay you after receiving the court order.
Before you begin trying to recover your money through enforcement, it’s crucial to confirm that the legal conditions are right. Jumping in too early or missing a required step can result in wasted time or rejected applications. This step helps you make sure that your judgment is enforceable and that enforcement is allowed right now. Before enforcing, check whether you meet all the basic requirements.
Here's a quick quiz to guide you:
Great! You're ready to enforce.
Has it been at least 14 days since the court made the decision?
Oops, not yet?
There’s a standard 14-day grace period after a court judgment — this gives the debtor a chance to pay voluntarily. You’ll usually need to wait before taking any enforcement steps
What you should do?Has the debtor failed to pay you?
Unfortunately, they’re still paying or have promised to pay soon?
If the debtor is keeping up with instalments, or the court has allowed time to pay, you might not be able to enforce — unless they miss a payment.
What you should do?Is the debtor not
appealing the decision?
Unfortunately, they are appealing the judgment or applying to have it set aside.
If an appeal or “set aside” application has been submitted, the court might place a Stay of Execution on enforcement while it reviews the case.
What you should do?Is the debtor not under Breathing Space?
The debtor is currently under Breathing Space protection.
If the debtor has entered the Debt Respite Scheme, they are temporarily protected from most enforcement actions — typically for 60 days. This includes a freeze on contact, court enforcement, and debt recovery efforts.
What you should do?Has the judgment been properly
served to the debtor?
Hmm… not sure they received it?
Before you can enforce a judgment, the court must have properly served it — meaning the debtor officially received it via post, in person, or through other legal methods.
What you should do?Enforcement Readiness Summary:
You can start enforcement if 14 days have passed since judgment, the debtor hasn’t paid, isn’t appealing or in Breathing Space, and the judgment was properly served. If any of these aren’t true, hold off or get legal advice.
Step 2: Choose the Best Way to Enforce the Judgment
They Won’t Pay? Here’s How to Make a Court Judgment Work for You
Once you’ve confirmed you’re ready to enforce, your next task is to choose the right method. There’s no “one-size-fits-all” answer — the best enforcement option depends on what you know about the person or company who owes you money. This section walks you through each enforcement method with detailed scenarios and explanations, so you can decide which route gives you the best chance of success.
Send Bailiffs to Collect the Money (Warrant of Control)
Use High Court Enforcement Officers (HCEOs)
Tip: Use this if you want the most effective enforcement option.
Freeze Their Bank Account
Tip: Works best if you know they just got paid or received a big deposit.
Secure the Debt Against Their Property
Tip: This won’t get you money immediately, but it’s good long-term security.
Take Money from Their Wages
Tip: Very useful if they’re working and ignoring you
Make Them Bankrupt or Shut the Company Down
Warning: This is expensive and can take time. Use only if nothing else works.
Not Sure Which Method to Use?
Here’s a simple matching tool to help you decide:
Time Rules & Legal Limits
You must enforce within 6 years of the judgment
If more than 6 years pass, court permission is required
If the debtor is paying in instalments and is up to date, you usually can't enforce (except Charging Order)
Enforcement is paused during Breathing Space
Step 5: What if Enforcement Fails?
Try a different method - you can use more than one.
Apply for an Order to Attend Court to question the debtor (N316/N316A)
Tools & Resources
To make things easier, here’s a list of all the forms and official links you’ll need throughout the process. This section also highlights the most important tools you can use to get help or automate your enforcement process.
Every time you apply to enforce a judgment, you will need to pay a court fee. The amount depends on the enforcement method you choose. These fees are usually added to the total amount the debtor owes you, so you may recover them later if enforcement is successful.
Warrant of Control | N323 | View Form |
High Court Enforcement | N293A | View Form |
Attachment of Earnings | N337 | View Form |
Charging Order | N379 | View Form |
Third Party Debt Order | N349 | View Form |
Questioning Order | N316 | View Form |