Enforcing a county court judgement (CCJ)

Last reviewed 1 May 2024 - new fees

Introduction

Even when a landlord is successful in getting a county court judgement (CCJ) against a tenant or guarantor, they do not always comply with the court's instructions. Considering the cost to the landlord of raising a claim in the first place, this can be a frustrating experience and it is no surprise that many landlords do not proceed to the enforcement stage.

Where landlords do decide to proceed to enforcement they can face a bewildering choice of options for enforcement. The purpose of this guide is to inform you what options are available, and give you some idea which option is best in which circumstance.

If you wish to learn how to start a claim instead, the NRLA provides a separate guide on using Moneyclaim to claim for debts.

What should I do before enforcing a judgement?

The first thing a landlord should do is claim for and register a judgement. There are a number of methods of doing this but the most common for landlords will be obtaining a judgement via small claims or as part of gaining possession under Section 8 of the Housing Act 1988.

Where you have used the Moneyclaim process the judgement should already have been registered so you can proceed to enforcement. If you are in any doubt you can check this via the Moneyclaim Portal where it should state that the CCJ has been 'issued'.

When using a Section 8 notice to evict, the courts do not typically register the judgement unless requested. You should contact the county court that issued the possession order to register the judgement.

If you did not use a tracing service providing a detailed report on the debtor's finances, you may also want to see if the debtor has any other CCJs or outstanding credit issues before deciding whether it is worth enforcing the judgement. You can do this by performing a search on www.trustonline.org.uk or writing directly to the register.

What is a warrant of control?

A warrant of control allows county court bailiffs to seize the goods or money of the debtor at their address(es) provided they can gain access. The goods will then be sold at auction to pay back the landlord.

When should I use this?

Generally, this is best used for tenants who have an expensive car or items of value that you know will be recoverable from the tenant and worth selling at auction.

How much can I recover from this?

There is a hard limit of £5000 that county court bailiffs can recover for most tenancies. This limit is either the full total of the judgement when paying in full or, if the landlord is only chasing individual instalments on a payment plan, the instalments must total less than £5000.

If you have a judgement for debts above £5000 with no instalment options, or the instalments are for more than £5000 at a time, you will need to apply for the judgement to be transferred to the High Court using the N293A form so that a high court enforcement officer can act on it instead. This is more complicated and expensive than the warrant of control and a landlord should look to speak to a solicitor or a high court enforcement officer for assistance proceeding.

How do I apply for a warrant of control?

Where your case started will affect how you apply for a warrant of control.

Where the case is started via the Moneyclaim website you can apply for a warrant online by selecting the 'warrant' option in the claims overview section. You will then have to pay the fee of £94 for the warrant.

The limit of £5000 includes the fee of £94 for warrants requested on Moneyclaim so the claim is actually limited to £4906.

While costs are accurate at the time of writing you should check when making the claim as the EX50 fees document is updated regularly.

My debtor has defaulted on their instalments, when can I apply?

Depending on the judgement's payment periods the landlord can use a warrant once the debtor has missed whichever is larger from:

• One month's payment or £50 of payments
• Four weekly payments or £50 of payments.

What is an attachment of earnings order?

An attachment of earnings order allows you to reclaim the debt over time via regular payments from the debtor's wages.

When should I use this option?

This is best used when you have an employee with a stable, well paying, long term job and no other attachments to earnings in place.

When can I apply for an attachment of earnings?

As with the warrant of control, the debtor must have missed at least one payment and they must owe at least £50.

How do I find out if the debtor is employed?

Establishing the debtor's financial situation before applying is highly advisable. There are a number of options available to you to help with this.

Landlords may use a tracing service to compile information on their debtor. This can include employer details as well as the tenant's address for the service of documents.

Alternatively, it is possible to have the debtor questioned under oath about their financial circumstances. This is done through applying for an order to obtain information. As of 1 May 2024, the current cost for this is £65.

Finally, you can ask the court to search the attachment of earnings index free of charge to see if your debtor already has an existing attachment of earnings with an employer. If there is, you can have your debt added to this existing attachment, with the payments split based on the amount of debt.

How much will it cost?

As of 8 April 2025, the cost is £134. The courts change their fees on a regular basis however and you should always check the EX50 document before proceeding. Cheques should be made out to HM Courts & Tribunal Service.

Additional fees also apply for information requests prior to applying for the order.

My debtor is employed, how do I apply?

You can apply by sending the N337 form along with a cheque to –

County Court Money Claims Centre
(CCMCC)
PO Box 527
Salford
M5 OBY

The court will then ask the debtor to pay in full or provide them with information on their financial status so that they can assess what would be a reasonable amount to deduct from their wages. Once this is completed you will receive this amount directly from the centralised attachment of earnings payment system.

How long will this take?

It depends as the debtor may have to be arrested to comply with the request for information. As a general rule however, you should contact the court to check the progress if you have not heard anything 8 weeks after applying.

My debtor has changed jobs and payments have stopped, what should I do?

You can fill out an N446 form to reissue the order to the new employer free of charge.

What is a third party debt order?

A third party debt order works by freezing money held in an account for the debtor and retrieving the money held on the day of the order for the claimant. Typically, this means freezing the debtor's bank account but it can apply to money held by another person for the debtor.

When should I use this?

The third party debt order requires forethought and planning. If you know when a debtor will be paid or that they are owed money by a specific person then this is a great method of getting the money owed to you.

If you are unsure about when the debtor is paid you should avoid using this method however as there are no guarantees that there will be enough money on the day the account is frozen to make up the cost of the third party debt order.

What do I need to issue a third party debt order?

Issuing a third party debt order is more complicated than the other options available to you so you will need more information.

You will need:

1. the debtor's name and address
2. the total amount of the judgement and the total amount of arrears if the judgement requires payments in instalments
3. the amount still owing from the judgement after any costs or interest attached
4. the name and address of the third party. If the third party is a bank or building society you will need the Head Office address as well as the branch address for the account, sort code and debtor's account number (if known).
5. details of any previous third party debt orders you have issued for this judgement
6. anybody else you know of that may have an interest in this money

You will need a debtor who has failed to pay a judgement in full or has missed at least one instalment for a judge to make an order.

All of this information should be entered on the N349 form and normally it is sent to the closest court to the debtor's home address along with a cheque for £134 made out to HM Courts & Tribunal Service.

What happens after I have applied for the third party debt order?

Provided you have given all the information the judge requires they will issue the third party with a notice. Within 7 days you should receive details on whether or not the money being claimed is owed to the debtor. If the order is made to a bank or building society you will receive details of Any account details, if the account has enough money to satisfy the judgement and whether any charges or restrictions exist that would allow the bank to withhold some of the money.

The debtor will then be informed that the account has been frozen and a hardship payment may be requested to allow the debtor to meet their day to day living expenses.

A hearing will be called to allow the judge to decide whether the money should be paid to you. If they are satisfied they will order the money be paid to you. This can either be for the judgement in full or a part payment depending on how much money is available in the account. If money is still outstanding you may apply for another third party debt order at a later date for the remaining balance.

What is a charging order?

A charging order applies a charge to assets such as shares or property that means that once the asset is sold, your judgement will be cleared before any proceeds are issued to the debtor.

When should I use this?

Typically, this will be used on guarantors who are UK home owners as you have the address from the original guarantor referencing, making it easy to check they are the property owner.

It does not force the debtor to sell their home, so it may take a significant amount of time to receive the money.

Please be aware that charges on a property are set in the order that they are issued. Most properties are mortgaged from the point of purchase and some have further mortgages and charges already. If the total value of the charges on the land registry copy that you received is similar to or more than the current value of the property then it is not advisable to use this order.

How do I find the assets?

A charging order is typically used to apply a charge to a house or flat that you know is owned by the debtor or their guarantor. For registered land, you can get details on the ownership of a property by paying a small fee at the Land Registry portal to receive official copies of the register. You will need to attach a copy of this to your application.

How do I apply?

You will need to complete and send the N379 form to:

County Court Money Claims Centre
(CCMCC)
PO Box 527
Salford
M5 OBY

As of 8 April 2025, the cost of an application is £134 but you should always check the EX50 document as the court may change their fees with little notice.

What happens after?

If the court is satisfied with the information provided in the application then they will issue an interim charging order. If the debtor does not challenge this within 10 days then the charging order will become final or a hearing will be called to establish whether or not to make the final order. You must attend a hearing if called.

Once the interim order has been sent, you should contact the Land Registry directly to have the charge registered on the property.