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The defendant won’t pay voluntarily. Here are all five enforcement methods (warrants, attachment of earnings, charging orders, third-party debt orders, oral examination), with fees and what each works best for.
High Court Writ of Control
Attachment of earnings
Third-party debt order
Oral examination (N316)
How to enforce a small claims court judgment
The five methods available to collect money after winning a small claims court case when the defendant refuses to pay.
Wait for voluntary payment
After judgment, the defendant has 14 days to pay (or the period set in the order). Many defendants pay at this stage once a court order exists.
Apply for a Warrant of Control
File a N323 form with the court to send County Court Bailiffs to seize goods. Fee: £83. Best for defendants with assets at a known address.
Transfer up for a High Court Writ
Transfer judgment to the High Court (N293A form) to use High Court Enforcement Officers (HCEOs). HCEOs are generally more effective than County Court Bailiffs. Fee: £71 transfer plus HCEO fees.
Apply for Attachment of Earnings
File N337 to have regular deductions taken from the defendant's wages. Fee: £119. Only works if the defendant is employed.
Apply for a Third Party Debt Order
Freeze and recover money held in the defendant's bank account. File N349. Fee: £119. Requires knowledge of which bank the defendant uses.
Apply for a Charging Order
Secure the debt against the defendant's property so it must be paid when the property is sold. File N379. Fee: £119. Best for larger debts where the defendant owns property.
Your five enforcement methods
All add their fee to the debt and recover it from the defendant. Pick the one that matches what you know about them.
| Method | Fee | Best when… |
|---|---|---|
| Warrant of control | £83 | Defendant has goods at home or business. Enforcement agents (formerly bailiffs) attend, list goods, and remove them if not paid. Most common method. |
| High Court Writ of Control | £71 + HCEO fees | Judgments over £600. High Court Enforcement Officers are tougher and faster than County Court bailiffs. Often more effective for business defendants. |
| Attachment of earnings | £132 | Defendant is employed (PAYE). Court orders the employer to deduct payments from the defendant’s wages until the debt is paid. |
| Third-party debt order | £132 | You know which bank holds the defendant’s account (and they have funds in it). Freezes the account and redirects the money to you. |
| Charging order | £132 | Defendant owns property. Secures your judgment as a charge on their home or land. Can be followed by an order for sale if the debt is large enough. |
| Oral examination (N316) | £63 | You don’t know what assets the defendant has. Summons them to court to disclose their income, savings, and possessions under oath. |