A judgment says the debtor owes you the money. It does not move the money. This guide is for small businesses and freelancers in England and Wales who hold a County Court judgment on an unpaid invoice, perhaps after issuing a debt claim online, and have still not been paid.
A judgment is not payment
HM Courts and Tribunals Service (HMCTS) guidance says the court will not enforce a judgment unless the creditor asks it to, and cannot guarantee payment. Each step carries a fee, which is added to the debt but is not refunded if the step produces nothing.
Rule 70.2 of the Civil Procedure Rules (CPR) lets a judgment creditor (the person owed money under the judgment) use any available method, and more than one.
| Method | What it reaches | Court fee at the time of writing (October 2026) |
|---|---|---|
| Order to obtain information | Nothing directly; it produces information | £69 (plus £139 if the court bailiff is asked to serve it) |
| Warrant of control (County Court) | Goods | £96 |
| Writ of control (High Court) | Goods | £82 |
| Third party debt order | Money owed to the debtor, usually a bank balance | £139 for each party the order is requested against |
| Charging order | Land, certain securities, funds in court | £139 for each order |
| Attachment of earnings order | Wages or salary | £139 for each debtor |
The fees are from HMCTS form EX50 (updated 13 July 2026); the current EX50 is on GOV.UK. The other money limits in this guide are also those in force at the time of writing.
Finding out what the debtor has
CPR Part 71 lets a creditor apply for an order requiring the debtor, or an officer of a debtor company, to attend court, produce documents and answer questions on oath about means. Someone who does not attend or refuses to answer can be referred to a judge for contempt of court. HMCTS describes this as a way of finding things out, not a method of enforcement.
Taking control of goods
An enforcement agent takes control of the debtor's goods and, if the debt stays unpaid, sells them, under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007. Which court issues the authority depends on the sum being enforced, under article 8 of the High Court and County Courts Jurisdiction Order 1991:
- Less than £600: County Court only, by warrant of control.
- £600 or more but less than £5,000: either court.
- £5,000 or more: High Court only, by writ of control.
- Judgments arising from an agreement regulated by the Consumer Credit Act 1974: County Court only.
For the High Court route the creditor asks the County Court for a certificate of judgment, and under CPR 83.19 the grant of that certificate transfers the proceedings. The writ is carried out by a High Court Enforcement Officer. On either route:
- Only goods of the debtor can be taken.
- The debtor must first be given notice of enforcement. Since 1 May 2026 the normal minimum has been 14 clear days, up from 7. It rises to 28 clear days if a debt advice provider asks on the debtor's behalf (though not for certain business debts), and the court can order a shorter period.
- Some goods are exempt, including basic household items, and tools, vehicles and equipment necessary for the debtor's own work or business up to a total value of £1,350.
Third party debt orders
A third party debt order (CPR Part 72) redirects money that someone else owes the debtor, usually a bank balance. The court first makes an interim order, which can be without notice to the debtor. Once served, the bank must not let the balance fall below the amount in the order. A hearing at least 28 days later decides whether the order becomes final. HMCTS guidance notes that nothing can be paid from an account that is overdrawn on the day the bank receives the order.
Charging orders
A charging order (Charging Orders Act 1979, CPR Part 73) secures the judgment debt on the debtor's property, most often land. It is made in two stages, interim then final. It does not produce money by itself. Under section 3(4) of the Act it has the effect of an equitable charge (a form of security, like a mortgage), so the creditor is normally paid when the property is sold. Forcing a sale is a separate step: CPR 73.10C requires a new claim for an order for sale, which the court may or may not grant.
Attachment of earnings
An attachment of earnings order (Attachment of Earnings Act 1971, CPR Part 89) is made by the County Court and sent to the debtor's employer, who deducts instalments from pay and sends them to the court. It works only against an individual with an employer: HMCTS guidance states that an order cannot be made if the debtor is unemployed or self-employed. No order can be made where the debt, or the amount still unpaid, is less than £50.
Interest after judgment
County Court judgments carry interest only where the County Courts (Interest on Judgment Debts) Order 1991 says so:
- The judgment must be for £5,000 or more, or be for a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998: the price of goods or services under a contract where both sides acted in the course of business. For those debts there is no minimum.
- The rate is the one in section 17 of the Judgments Act 1838, which is 8% a year at the time of writing (October 2026). It runs from the date of judgment unless the court orders otherwise, except that where the judgment is payable on a later date or by instalments, interest does not accrue until that date or until each instalment falls due.
- Interest stops once County Court enforcement proceedings are taken, unless they produce no payment at all. For this purpose an order to obtain information and a third party debt order both count; charging order applications do not. No interest accrues while an attachment of earnings order is in force.
This is separate from the statutory interest that ran on the invoice before judgment, covered in late payment interest and compensation.
How long a judgment can be enforced
Under CPR 83.2, a writ or warrant of control must not be issued without the court's permission where six years or more have passed since the date of the judgment.
Section 24(1) of the Limitation Act 1980 bars an action upon a judgment after six years. In Lowsley v Forbes [1999] 1 AC 329 the House of Lords held that this means a fresh action on the judgment, not enforcement of the existing one. Section 24(2) is a separate limit: arrears of judgment interest cannot be recovered more than six years after the interest became due. Time limits for unpaid invoices covers the earlier deadline for bringing the claim.
The register of judgments
County Court money judgments are, with exceptions, entered in the Register of Judgments, Orders and Fines. A judgment given after a contested hearing is generally not registered until the creditor takes a step to enforce it or instalments are applied for. If the debt is paid within one month of the judgment, the entry is cancelled. If it is paid later, the entry stays but is marked as satisfied. Entries are removed six years after the date of the judgment. The register can be searched for a fee.
When the debtor is insolvent
Insolvency generally ends individual enforcement. Under the Insolvency Act 1986:
- After a winding-up order, no action or proceeding may be started or continued against the company without the court's permission (section 130).
- While a company is in administration, no legal process, including execution, may be started or continued without the administrator's consent or the court's permission (Schedule B1, paragraph 43).
- After a bankruptcy order, a creditor whose debt is provable in the bankruptcy has no remedy against the bankrupt's property for it, though a secured creditor can still enforce its security (section 285).
- Execution against goods or land, or attachment of a debt, that was not completed before the winding up or bankruptcy began generally cannot be kept against the liquidator or trustee, unless the court orders otherwise (sections 183 and 346).
What a solicitor will want from you
- The judgment or order, with the claim number, date and court, and whether it was a default judgment or followed a hearing.
- The amount, what has been paid since, and when.
- Whether the debt was a business-to-business invoice.
- The debtor's exact legal identity and address, or company number and registered office.
- What you know about assets: bank details, premises, vehicles, property, an employer.
- Any enforcement already tried, and any sign of insolvency.
This guide is general information about the law of England and Wales. It is not legal advice. Which enforcement method is available depends on the debtor's assets and circumstances, and court fees, interest rules and time limits change.
Frequently asked
Does the court collect the money for me once I have a judgment?
No. HM Courts and Tribunals Service guidance says the court will not enforce a judgment unless the creditor asks it to. Each method of enforcement needs its own application and its own court fee, and the court cannot guarantee that any of them will produce payment.
What is the difference between a warrant of control and a writ of control?
Both authorise an enforcement agent to take control of the debtor's goods and sell them. A warrant of control is issued by the County Court and carried out by its own enforcement agents; a writ of control is issued by the High Court, after the judgment has been transferred there, and carried out by a High Court Enforcement Officer. Which route is open depends on the sum being enforced.
Does a County Court judgment earn interest?
Only some do. Under the County Courts (Interest on Judgment Debts) Order 1991, interest runs on a County Court judgment of £5,000 or more, or on a judgment of any amount where the debt was a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998. The rate is the one set by section 17 of the Judgments Act 1838.
Is there a time limit for enforcing a judgment?
A writ or warrant of control cannot be issued without the court's permission once six years or more have passed since the date of the judgment, under rule 83.2 of the Civil Procedure Rules. Separately, section 24 of the Limitation Act 1980 stops arrears of judgment interest being recovered more than six years after the interest fell due.