Warrant of delivery

Not every county court judgment is about money. When a judgment orders someone to hand back a specific thing, a warrant of delivery is the enforcement method built for exactly that.

How is a warrant of delivery different from a warrant of control?

A warrant of control enforces a money judgment by letting an enforcement agent seize and sell any of the debtor's goods up to the value of the debt. A warrant of delivery is different: it enforces a judgment that specifically orders the return of a particular item or items of goods, such as equipment lent under a contract, and sends an enforcement agent to recover that named property rather than to seize goods generally.

What if the judgment lets the debtor pay the goods' value instead of returning them?

Some judgments for delivery of goods give the debtor the option of paying their assessed value instead of handing them over. Where that option exists, the warrant is enforced as a warrant to recover the goods or their value, and the enforcement agent can accept payment of the value in place of the goods. Where the judgment gives no such option — a warrant of specific delivery — only the goods themselves satisfy it, not a cash equivalent.

Do I need the court's permission to apply for a warrant of delivery?

Generally no, if you apply reasonably promptly. Permission is needed in certain circumstances, including where six years or more have passed since the date of the judgment, in line with the general rule for county court enforcement under CPR rule 83.2. If your judgment is older than that, expect to need a separate application for permission before the warrant can be issued.

What happens if the enforcement agent cannot find the goods?

If the specific items cannot be located, a warrant of specific delivery alone will not produce a substitute outcome — the judgment was for those goods, not their value. Where the judgment allowed delivery of the goods or payment of their value, the enforcement agent can instead pursue payment of the assessed value. If neither route succeeds, further enforcement action against the debtor's other assets may be needed.

Can I use a warrant of delivery for a straightforward unpaid debt?

No. A warrant of delivery only enforces a judgment that specifically orders the return of named goods. For an ordinary money judgment — an unpaid invoice or loan, for example — the relevant enforcement methods are a warrant of control, a third-party debt order, an attachment of earnings order, or a charging order, depending on what the debtor owns.

A judgment for goods, not money

Most judgments this glossary covers are about money — a sum the defendant must pay the claimant. A warrant of delivery deals with a different kind of judgment: one that orders a defendant to return a specific item of property. That might be equipment hired out and not returned at the end of a contract, goods supplied under a retention-of-title clause that was never paid for, or any other situation where the dispute was about getting a particular thing back rather than being paid a sum of money.

Because the underlying judgment is about a thing rather than a figure, the enforcement method has to work differently from a warrant of control. An enforcement agent acting under a warrant of delivery is not choosing from among the debtor's possessions to sell and raise money — they are looking for the specific goods named in the judgment, to physically recover them.

Under CPR rule 83.23, a judgment for delivery of goods is enforceable by warrant of delivery unless an Act or another rule provides otherwise. The rule distinguishes between a warrant of specific delivery, used where the judgment gives the debtor no option to pay the goods' value instead, and a warrant to recover the goods or their assessed value, used where the underlying judgment allowed that alternative.

A small events company hires out a specialist sound system to a client under a written contract. The client fails to return it after the event and stops responding to messages. The events company sues for its return and obtains judgment for delivery of the equipment, with the alternative of payment of its assessed value of £3,200 if it cannot be recovered.

Delivery of the sound system, or £3,200 value

Warrant of delivery (goods or value)

3 months — no permission needed

Outcome if goods not found

Agent pursues the £3,200 value instead

Because the judgment gave the alternative of payment, the enforcement agent can recover either the equipment itself or its assessed cash value — rather than the claim failing outright if the goods cannot be located.

Third-party debt order

Civil Procedure Rules, Part 83

EX50 — civil and family court fees

Warrant of Delivery — Small Claims Glossary

What a warrant of delivery is, how it differs from a warrant of control, and how it is used to recover specific goods under a county court judgment.