Writ of control

The High Court's version of the warrant of control — the document that lets a High Court Enforcement Officer seize and sell a debtor's goods once a County Court judgment has been transferred up for enforcement.

What is the difference between a writ of control and a warrant of control?

They do the same job — authorising an enforcement officer to take control of a debtor's goods and sell them to pay a judgment debt — but in different courts. A warrant of control is the County Court version, generally used for judgments up to £5,000. A writ of control is the High Court version, used once a County Court judgment has been transferred up to the High Court for enforcement by a High Court Enforcement Officer.

Can I choose to use a writ of control instead of a warrant of control?

Only within limits. A County Court judgment of £600 or more can usually be transferred to the High Court for enforcement by writ of control, and judgments over £5,000 generally must be transferred up rather than enforced by warrant, unless the debt arises from an agreement regulated by the Consumer Credit Act 1974, in which case it stays in the County Court regardless of amount.

Who actually carries out a writ of control?

A High Court Enforcement Officer (HCEO) — an individual authorised under section 63 of the Tribunals, Courts and Enforcement Act 2007 to act as an enforcement agent for High Court writs, usually operating through a private enforcement firm rather than as a direct court employee.

What does it cost to transfer a judgment up for a writ of control?

There is a court fee to transfer the judgment and seal the writ, set out in the HMCTS EX50 fee schedule, which changes from time to time — check the current figure on GOV.UK before applying. On top of that, the enforcement process itself carries fixed statutory fees under the Taking Control of Goods (Fees) Regulations 2014, generally added to what the debtor owes rather than paid by the creditor upfront.

Can the debtor stop a writ of control once it has been issued?

Yes, in some circumstances — for example by paying the judgment debt in full (including the enforcement costs incurred so far), by applying to set aside the underlying judgment if there is a valid ground to do so, or by showing the High Court Enforcement Officer evidence that the debt has already been satisfied. Simply being unable to pay is not, by itself, a ground to stop lawful enforcement.

Is a writ of control the same thing as bankruptcy?

No. A writ of control enforces a specific judgment debt by seizing and selling goods; it does not make the debtor bankrupt and does not affect other debts the person may have. Bankruptcy is a separate, more drastic process usually reserved for larger unpaid debts and started by a different procedure, such as a statutory demand followed by a bankruptcy petition.

Why a High Court writ exists alongside the County Court warrant

Both instruments do the same underlying job — authorising an enforcement agent to take control of a debtor's goods and sell them to satisfy a judgment debt — under the same statutory scheme in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007. The split exists because the High Court and County Court enforce their own judgments through different office-holders. A County Court judgment is enforced, if at all, by a warrant of control carried out by a County Court bailiff. A writ of control only comes into play once that County Court judgment has been formally transferred up to the High Court, where it is enforced instead by a High Court Enforcement Officer (HCEO) — a certificated individual, usually operating through a private enforcement firm, rather than a court employee.

Creditors generally choose to transfer up because HCEOs are widely seen as faster and more persistent than County Court bailiffs, and because for larger judgments the rules require it anyway. A County Court judgment of £600 or more can be transferred up for enforcement by writ of control, and judgments above £5,000 generally must be, unless the underlying debt arises from an agreement regulated by the Consumer Credit Act 1974, in which case it has to stay in the County Court regardless of size.

How a writ of control is obtained and executed

• 1 Get a certificate of judgment. The creditor obtains a certificate confirming the County Court judgment and the amount still outstanding.
• 2 Transfer up and seal the writ. The creditor applies to transfer the judgment to the High Court and pays the court fee (per the HMCTS EX50 schedule) to have the writ of control sealed.
• 3 Instruct a High Court Enforcement Officer. Most HCEO firms handle the paperwork for the creditor as part of taking on the instruction, often on a no-collection, no-fee basis for the initial stages.
• 4 Notice, then enforcement. As with a warrant of control, the debtor is normally given a notice of enforcement before the first visit, giving an opportunity to pay or arrange payment before goods are taken.
• 5 Taking control and sale. If the debt remains unpaid, the HCEO can take control of goods and, ultimately, arrange their sale, usually at public auction, applying the proceeds to the debt and the statutory enforcement fees.

Who pays, and who is responsible if something goes wrong

The enforcement fees under the Taking Control of Goods (Fees) Regulations 2014 are generally added to what the debtor owes rather than paid upfront by the creditor, though the creditor usually bears the court fee to transfer the judgment up and seal the writ, at least initially. The Court of Appeal's decision in Bone v Williamson [2024] EWCA Civ 4 confirmed that the High Court Enforcement Officer named on the writ bears legal responsibility for the fees charged by the enforcement agent acting under it — Schedule 12 is not a self-contained scheme that lets an HCEO disclaim responsibility for how their own agents charge.

A creditor holds a County Court judgment for £7,200 against a trading company that has ignored a warrant of control attempt because the debt exceeds the £5,000 figure generally enforced in the County Court. The creditor applies to transfer the judgment to the High Court.

County Court enforcement limit

Transfer up for writ of control

High Court Enforcement Officer

Because the debt is above the County Court's usual enforcement ceiling, transferring up is not just an option here but close to the expected route. Once the writ is sealed, the HCEO's firm can act far more quickly than the County Court bailiff service typically can, though the debtor still receives notice before enforcement begins and the statutory fees are added to the debt as the process proceeds.

High Court enforcement

Tribunals, Courts and Enforcement Act 2007, Schedule 12

Civil Procedure Rules, Part 83

Bone v Williamson [2024] EWCA Civ 4

EX50 — civil and family court fees

Writ of Control — Small Claims Glossary

What a writ of control is, how a County Court judgment transfers up for High Court enforcement, and how it differs from a warrant of control.