County court judgment unpaid: how to enforce it and get paid
How to enforce an unpaid county court judgment
Five steps from judgment day to getting paid.
- Check the judgment has not been paid or set aside Confirm the deadline for payment has passed and nothing has been received. Check you have no notice of a Breathing Space or an application to set the judgment aside.
- Find out what the debtor has Ask the court to order the debtor to attend and give evidence of their income and spending. For a company, ask for an officer to attend and explain its accounts.
- Match the route to what you find Goods suggest bailiffs. Regular wages suggest an attachment of earnings. Money in an account suggests a third party debt order. Land or property suggests a charging order.
- Apply and pay the court fee Complete the form for your chosen route and pay the court fee that goes with it. The fee is banded on a published court scale.
- Review and try the next route if needed If the first route does not pay in full, use what it showed you to choose the next, or pass the case to an agency.
Rather hand it to a specialist? Compare vetted recovery agencies →
A county court judgment is an order to pay, not payment itself, and if the debtor ignores it the court will not chase for you. You have to ask the court to enforce it, and the route you choose should depend on what the debtor actually has. The useful first step is therefore to find that out before you spend on any enforcement.
This guide covers England and Wales. Scotland and Northern Ireland have their own processes. For the step-by-step official version, see GOV.UK’s guide to enforcing a judgment.
Why a judgment alone does not get you paid
Winning the case gives you the legal right to be paid. It does not create the money. If the debtor does not pay by the date on the order, the court does nothing further unless you apply. That is the point where many creditors stall, because the next step looks like another round of cost and paperwork.
It helps to treat enforcement as a decision, not a ritual. Different routes reach different assets, and applying for the wrong one costs a court fee and weeks of waiting for a result that was never likely.
Step one: find out what the debtor has
Before choosing a route, ask the court to order the debtor to attend and provide evidence of their income and spending, such as bills and statements. If the money is owed by a business, you can ask for an officer of the company to attend and give details of its accounts.
This is the step most creditors skip. It matters because it turns guessing into evidence. Someone who earns regularly points one way, a company holding a healthy bank balance another, and an individual with a house but no income a third. It also puts the debtor on notice that you are serious,.
One warning: you cannot enforce a judgment if you are told the debtor has a Breathing Space. It gives temporary protection from creditors, so check before you apply.
Step two: choose the route that fits
The court offers four main routes, each aimed at a different kind of asset.
Bailiffs, for goods. You can ask the court to send bailiffs to collect. This is called a warrant of control. The bailiff asks for payment within seven days, and if the debt is still not paid they visit the debtor’s home or business to see whether anything can be sold to cover it. It suits a debtor with premises, stock, vehicles or equipment. It does little against someone with nothing of value that can be taken. Which kind of enforcement officer to use, and when a High Court route is open to you, is the subject of our guide to county court bailiffs vs High Court Enforcement Officers.
Attachment of earnings, for wages. The court sends an order to the debtor’s employer, who deducts money from their pay. It suits an individual in steady employment. It does not help against a company, a sole trader with no employer, or someone out of work.
Third party debt order, for money in an account. You ask the court to freeze money in the debtor’s bank, building society or business account. The court decides whether money in the account can be used to pay the debt. It can be very effective against a business that keeps a balance, and it is why the evidence from step one is worth having: you need to know where the account is.
Charging order, for land or property. The court places a charge on the debtor’s land or property. If it is sold, the debtor must pay your charge before they receive their own money. It rarely produces quick cash, but it protects your position and suits a debtor with property and no ready funds.
Each route has its own form and its own court fee, banded on a published court scale. You can try more than one, so a failed first attempt does not close the others.
A quick way to decide
- They run a business with premises or stock: bailiffs, or a third party debt order if you know the bank.
- They are an employee with a regular wage: attachment of earnings.
- They own property but have little income: a charging order.
- You cannot tell: the information hearing, before anything else.
When enforcement is not the answer
Some debtors simply have nothing. Others are a company that has stopped trading or is heading for insolvency, where racing other creditors matters more than choosing a tidy route. If that sounds like your debtor, read about what creditors can do when a company is dissolved or insolvent and whether a statutory demand fits.
If you would rather not manage the process yourself, an agency can take on collection or arrange the next legal step for you. Our guide to what to do when a letter before action is ignored shows how the earlier stages feed into this one, and you can compare vetted UK debt recovery agencies on Collect Compare: tell it the amount and the kind of debt, and you see agencies that take cases like yours side by side, with names hidden until you choose. Or let us match you to the best fit. It is free for creditors, because the agency you choose pays for the introduction, and no agency can pay to rank.
This is general information, not legal advice. Enforcement rules and court fees change, so check the current position on GOV.UK or with a solicitor before you apply.
Frequently asked questions
Can I enforce a county court judgment without a solicitor?
Yes. The court sets out each enforcement route as a form you complete yourself, and a court fee is payable when you ask the court to act. A solicitor or an agency can handle it for you, which tends to be worth it when the debtor is evasive or the sum is large, but nothing in the process requires one.
What if the debtor says they cannot pay?
Ask the court to order them to attend and give evidence of their income and spending. If the money is owed by a business, you can ask for an officer of the company to attend and give details of its accounts. What they say, and the documents they bring, shows whether there is anything to enforce against and which route to use.
Can I enforce a judgment if the debtor has a Breathing Space?
No. While a debtor has a Breathing Space they are temporarily protected from their creditors, and you cannot enforce a judgment against them. Check your responsibilities and what to tell the court on gov.uk. Enforcement can resume when the protection ends.
Do I have to pick just one enforcement route?
No. If one route does not produce payment you can try another, and the order you try them in is your choice. Each one carries its own court fee, so it is worth using what you learn about the debtor's finances to pick the one most likely to work first.
Is a judgment the end of the road if the debtor has nothing?
Not always, but it can feel that way. A debtor with no income, assets or accounts leaves nothing to enforce against today, though circumstances change. A company with nothing left may be better dealt with through insolvency routes, covered in our guide to dissolved and insolvent debtors.
