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If the county court judgment isn’t paid

If you’re given a county court judgment and don’t pay, action could be taken against you.

The ‘creditor’ (the person who is owed the money) can ask the court to enforce the judgment. The creditor will usually have to pay a court fee.

The creditor can apply to the court to get the money using:

• a warrant of execution (sending bailiffs to collect payment or goods for auction)
• an attachment of earnings order (deductions from wages)
• a third party debt order (usually used to freeze money in bank or building society accounts)
• a charging order (a charge on land or property owned by a debtor)

Warrants of execution can be issued using the Money Claim Online website, the County Court Money Claims Centre or the local county court.

For any of the other steps, the creditor has to ask for the claim to be transferred to the defendant's local county court.

• I have a judgment but the defendant hasn’t paid Opens new window

• Find your local court Opens new window

• Money Claim Online website Opens new window

• County court money claims centre Opens new window

Orders to obtain information - finding out about debtor's finances

The creditor can ask for an ‘order to obtain information’, to find out about a debtor’s finances. This information can be used to decide on which enforcement action to take.

The creditor has to pay a £50 court fee to issue this order, or £100 to get it served by a bailiff.

If you owe the money, the court could send you an 'order to attend court for questioning' form in the post. If you receive this form, you will need to go to a hearing at the court and take proof of income or spending such as:

• pay slips
• bank statements
• bills

• Orders to obtain information - how do I apply for an order? Opens new window

• Apply for an order that the debtor attends court for questioning Opens new window

• Apply for an officer of company to attend court for questioning Opens new window

• Video: debt collection - 'order to obtain information' appointments

Warrants of execution - sending bailiffs to collect payment

A warrant of execution gives a county court bailiff the authority to visit the debtor’s home or business to collect the money.

The creditor has to pay a £100 court fee to issue the warrant.

The bailiff will ask the debtor to pay within seven days.

• How do I ask for a warrant of execution? Opens new window

• Ask for a warrant of execution Opens new window

• Video: debt collection - visits by a county court bailiff

Asking for more time to pay the money

You can stop a bailiff visiting your home by filling in form N245 below, and sending it to the county court or court centre that issued the warrant. You need to say on the form how you will repay the debt - for example, by instalments.

If your offer is accepted, the warrant will be suspended as long as you keep up to date with the agreed payments.

• Apply to suspend a warrant or vary an instalment order (form N245) Opens new window

• Find your local court Opens new window

• County court money claims centre Opens new window

• Bailiffs and debt collectors

Attachment of earnings orders - deductions from wages

The court can send an attachment of earnings order to the debtor’s employer. The order will tell the employer to take money from wages to pay to the creditor.

The creditor needs to fill out a form and send it to the debtor's local county court to apply for an attachment of earnings order. They also need to pay a £100 court fee.

The court will tell the debtor if they plan to send an order to their employer. The court will send the debtor a form for replying to the application. The debtor will have to fill out this form with details of their income and spending.

The debtor can:

• pay all the money owed straightaway
• ask for the order to be stopped, and offer to make regular payments

If the attachment of earnings order goes ahead the court works out how much they can take after essential items like rent, food and bills.

• Ask for attachment of earnings order Opens new window

• How do I ask for an attachment of earnings order? Opens new window

• Form for replying to an attachment of earnings application Opens new window

Consolidated attachment of earnings orders

If the debtor already has an attachment of earnings order, the court can choose to combine the orders to make a ‘consolidated’ order. The court splits the payment between all the creditors and charges £1 per payment for expenses. The debtor and any of the creditors can also apply for a ‘consolidated’ order.

To consolidate the orders, you’ll need all the case numbers and the names of the courts that issued them. Each county court has a register of attachment of earnings orders in their area which can be searched free of charge.

You cannot include an attachment order for maintenance for an ex-partner or children in a consolidated order.

• Ask for a search of the attachment of earnings index Opens new window

Third party debt orders - freezing money in debtor's account

Third part debt orders can be served on anyone who owes money to a debtor, or holds money on their behalf. They are usually used to freeze bank or building society accounts.

The creditor has to pay a £100 court fee to apply for a third party debt order.

The debtor can attend a hearing and send written objections to the court and their creditor. If the debtor’s account is frozen, they can apply to any county court for a hardship payment.

A judge will decide if money in the frozen account should be used to pay the debt.

• Third party debt orders and charging orders - how do I apply? Opens new window

• Apply for a third party debt order Opens new window

• Video: what is a third party debt order hearing? Opens new window

Charging orders - charge on land or property

The creditor can ask for a charge on the debtor’s land or property of the amount they owe, called a charging order.

The creditor has to pay a £100 court fee to apply for a charging order.

If the land or property is sold the debtor will need to pay the charge before getting the proceeds.

A charging order does not mean the debtor has to sell the land or property but in some cases the creditor may try to force them to sell. The debtor can defend their land or property at a hearing if that is the case.

• Third party debt orders and charging orders - how do I apply? Opens new window

• Apply for charging order on land or property Opens new window

• Video: what is a charging order hearing? Opens new window

More useful links

• If a county court judgment is made against you