Winning a money claim in the County Court, Family Court or High Court of England and Wales does not put money in the winner’s hands. The official HM Courts & Tribunals Service guide says the court will not enforce a judgment unless it is asked to, and that a fee is payable for each step. Scotland and Northern Ireland have their own enforcement systems, which this guide does not cover.
The four enforcement routes
The HMCTS guide “What to do if you have a judgment but the defendant has not paid” (EX321) lists four ways of asking the court to enforce a money judgment: a warrant of control, an attachment of earnings order, a third-party debt order and a charging order. Each is aimed at a different asset: goods, wages or salary, savings, and property or other assets respectively. The guide says to choose the one most likely to produce payment, and gives the example that asking for an attachment of earnings order against an unemployed or self-employed defendant would waste time and money.
It also mentions that a judgment creditor owed £5,000 or more can apply to make the defendant bankrupt, although the guide notes this can be expensive.
Check the debtor’s position first
Before choosing, the guide suggests weighing whether the defendant is likely to be able to pay the debt and the court fee, whether they owe others money, own goods or property, are working, hold a bank or building society account, or have money owed to them by someone else. The Register of Judgments, Orders and Fines can show whether the defendant has other outstanding or previous judgments; the guide says the register holds judgments for six years and fines for five, that the Registrar must be asked to run a search, and that a fee applies per name searched.
Where little is known about the defendant’s finances, the guide describes an order to obtain information (form EX324). It is not itself a method of enforcement: it is a way of finding out about the defendant’s income, assets and spending so that an enforcement route can be chosen.
Warrant of control: taking goods
A warrant of control authorises court enforcement agents to try to collect the money or to take goods to sell at auction. GOV.UK’s page on applying for a warrant says the debtor must first have failed to pay, or fallen behind with at least one payment, and that in a county court the agents can try to recover any amount up to £5,000; a larger judgment can be transferred to the High Court, and for a judgment between £600 and £5,000 the creditor can choose the county court or the High Court. Agreements regulated by the Consumer Credit Act can only be enforced in a county court, with no upper limit. Family Court warrants have no upper limit either.
The EX321 guide adds that enforcement agents cannot always remove goods: essential household items, tradesman’s tools and goods on hire-purchase or rental agreements are protected, and goods are not taken if they would not raise enough to cover the warrant after costs. It warns that auction sales often raise only a fraction of original value.
According to the GOV.UK page, updated in July 2026, the county court fee for a warrant is £94 (the family court fee is £114 and the High Court writ fee is £80). After the court issues the warrant, the enforcement agency writes to the defendant saying it must be paid within seven working days, and the defendant can offer part-payment and ask for the warrant to be suspended.
Earnings, bank accounts and property
An attachment of earnings order tells the employer to deduct an amount from each pay day and send it to a collection office. The guide says it needs an employed defendant, and the court may make only a small instalment order, or none, if living costs exceed income.
A third-party debt order is usually used to stop the defendant taking money out of a bank or building society account, or to reach money someone else owes the defendant. The guide notes that the account is frozen when the bank receives the order, that an account which is overdrawn on that day cannot be used to pay, and that the defendant will know about the order and may stop paying money into the account.
A charging order prevents the defendant from selling property, land or investments without paying the debt, but the creditor does not receive money until the asset is sold. In some circumstances a further application can be made to force a sale. The guide says third-party debt orders and charging orders can be complicated and recommends advice from a solicitor or Citizens Advice.
Costs and help with fees
Fees are added to what the defendant already owes, but the guide states that the court cannot return what the creditor has paid if the money is not recovered or the application is refused. Help with fees may be available, with a separate application for each fee.
FAQs
Will the court chase the debtor for me?
No. The HMCTS guide says the court will not enforce the judgment unless it is asked to, so the winning party has to choose a route and apply.
Can I use these routes in Scotland or Northern Ireland?
No. The guidance describes the County Court, Family Court and High Court of England and Wales. Scotland and Northern Ireland have separate procedures for enforcing money judgments.
Does the court guarantee I will be paid?
No. Both GOV.UK pages say the court cannot guarantee that money will be recovered, which is why the guide encourages a check of the debtor’s means before choosing a route.
Bottom line
Enforcement is a separate decision from winning the case. The method should match the debtor’s assets, the fee is a real cost that may not be recovered, and a warrant of control has a £5,000 county court ceiling for most claims. This is general information, not legal advice; a solicitor, law centre or Citizens Advice can help with a specific judgment.