Learning Outcomes
After reading this article, you will be able to clearly explain the core options and legal procedures for enforcing a money judgment in civil claims. You will understand how to identify and distinguish main enforcement methods, when each is appropriate, their key formalities, and how to advise clients objectively on enforcement likelihood and strategy in the context of the SQE2 exam.
SQE2 Syllabus
For SQE2, you are required to understand enforcement of money judgments from a practical, advisory standpoint. In preparation, focus your revision on:
- identifying available enforcement methods after judgment in civil proceedings (including controlled goods, charging orders, third-party debt orders, attachment of earnings)
- the application procedures and documentary/formal requirements for each enforcement method
- the practical circumstances influencing the choice of enforcement order
- how to advise a client on appropriateness, likely outcomes, and limitations of enforcement actions.
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- Give three different court orders a judgment creditor can apply for to enforce a money judgment.
- What information should a solicitor obtain about the debtor before advising on suitable enforcement action?
- Describe briefly the main practical difference between a warrant of control and a third-party debt order.
- Can enforcement action always ensure recovery of an unpaid judgment debt? Explain.
Introduction
A civil money judgment does not enforce itself. Once judgment for payment of money is obtained in a claim, it is up to the judgment creditor (the successful party) to take appropriate court action if the judgment debtor fails to pay. For SQE2, you should know not only the legal process for each main enforcement option, but also how to advise realistically on the chances of recovery, and the importance of investigating the debtor's means before taking action.
Key Term: Enforcement (of judgment)
The process of applying to the court for legal orders or methods to compel a judgment debtor to pay sums owed under a civil judgment.
Selection of enforcement method
When advising a client, the first step after non-payment is to gather information about the debtor’s assets, employment, income, liabilities, and location. This guides which enforcement order is most likely to be effective. The main enforcement options are outlined below.
Main methods of enforcement
There are several formal options for enforcing a money judgment in civil claims in England and Wales. Each is suited to particular debtor circumstances.
Taking control of goods
The creditor can apply for either a warrant of control (County Court) or a writ of control (High Court, for debts over £600). This authorises court-appointed enforcement agents (bailiffs or High Court Enforcement Officers) to attend the debtor’s premises and seize goods for sale. Not all goods are eligible for seizure—tools of the trade, essential household items, and goods on finance agreements are generally exempt.
Key Term: Warrant of control
A court order permitting enforcement agents to seize and sell a judgment debtor's goods in order to satisfy a money judgment.Key Term: Writ of control
The equivalent High Court order permitting enforcement officers to seize and sell the debtor’s goods for payment of the judgment (for debts over £600).
Charging orders
For larger debts and where the debtor owns property or assets such as shares, the creditor can apply for a charging order to secure the judgment on that asset. If still unpaid, the court can be asked to order sale of the asset. Charging orders can cover land, houses, securities, and sometimes other valuable property.
Key Term: Charging order
A court order imposing a legal charge over the debtor’s asset, usually land, to secure a money judgment—enforceable by sale if payment is not made.
Third-party debt orders
Where the debtor is owed money by a third party (typically, where there are funds in a bank account), the judgment creditor may apply for a third-party debt order. This order “freezes” funds held by the third party and directs payment directly to the creditor.
Key Term: Third-party debt order
A court order requiring a third party who holds money on behalf of the debtor (such as a bank) to pay the funds directly to the judgment creditor.
Attachment of earnings order
If the debtor is employed, the creditor can seek an order requiring the debtor’s employer to make deductions from salary and pay the deducted sums to court towards the judgment debt. This order is available only in the County Court and only against individuals in employment (not the self-employed or companies).
Key Term: Attachment of earnings order
A court order that requires an employer to deduct amounts from the debtor’s wages and pay them to the creditor via the court until the judgment is satisfied.
Obtaining information from the debtor
If the creditor does not have adequate details of the debtor’s assets or income, they can apply for an order requiring the debtor to attend court for questioning on their means. This helps determine the best approach or whether enforcement is likely to be worthwhile.
Key Term: Order to obtain information
A court order requiring the debtor (or a director/company officer) to attend court and provide full details of assets, income, and liabilities to assist enforcement.
Procedure and considerations for enforcement
Prior to applying for enforcement, a review of the debtor’s financial circumstances (by public searches or formal application for debtor questioning) is essential. This information shapes the choice of enforcement order and increases the chance of recovery. Remember that enforcement is not automatic—even successful applications may not result in full recovery if the debtor has no seizable assets or income, or their assets are already secured to other creditors.
Key Term: Judgment creditor
The party entitled to enforce a money judgment in their favour.Key Term: Judgment debtor
The party ordered by the court to pay a money judgment.
Worked Example 1.1
A creditor wins a County Court judgment for £5,000. The debtor ignores the judgment. The creditor has no information about the debtor’s assets or employment. What initial step should be taken and why?
Answer:
The creditor should apply for an order to obtain information, compelling the debtor to attend court for questioning about their income, assets, and employment. This will help identify the most effective enforcement action.
Worked Example 1.2
A creditor obtains a third-party debt order against the debtor’s bank account, but the account is overdrawn. What is the likely outcome?
Answer:
No funds will be obtained, as a third-party debt order only attaches funds actually in credit in the account at the time of the interim order. If overdrawn, nothing can be recovered through this method.
Exam Warning
Applying for an enforcement order (such as seizure of goods or an attachment of earnings) does not guarantee payment. If the debtor has no assets, or only exempt or secured assets, recovery may be impossible. Always consider proportionality and cost before advising a client to pursue enforcement.
Limits, costs, and practical issues
Court fees are payable for each enforcement application and may be added to the debt. However, unsuccessful enforcement attempts may result in wasted time and additional costs. Note that certain items (clothes, tools of the trade, essential household goods) are protected from seizure. Moreover, bankruptcy or insolvency proceedings are not strictly enforcement methods but may be appropriate for large debts and are sometimes used as a last resort, as they can lead to the debtor’s assets being sold and distributed among all creditors.
Revision Tip
Always assess the debtor's likely ability to pay before advising on enforcement. Use credit checks, property searches, and formal court procedures for obtaining information.
Alternatives and negotiation
Enforcement action can sometimes prompt the debtor to negotiate or agree payment by instalments, potentially saving time and cost compared to repeated court applications. Creditors should consider proposals for realistic payment plans in appropriate circumstances.
Key Point Checklist
This article has covered the following key knowledge points:
- The creditor must initiate enforcement; a judgment order does not result in automatic payment.
- Main court enforcement methods include seizure of goods, charging orders, third-party debt orders, and attachment of earnings.
- Selection of enforcement measures depends on the debtor’s assets and employment status.
- Orders to obtain information from the debtor assist in choosing effective action.
- Court fees and practical limits may affect the cost-benefit of enforcement.
- Seizure of goods is limited to non-essential, non-exempt assets.
- Bankruptcy or insolvency is a separate process—considered mainly for large, unpayable debts.
Key Terms and Concepts
- Enforcement (of judgment)
- Warrant of control
- Writ of control
- Charging order
- Third-party debt order
- Attachment of earnings order
- Order to obtain information
- Judgment creditor
- Judgment debtor