Form N446: Apply to Re-issue Court Enforcement

At a glance

• What N446 does: reissues an order to obtain information from a judgment debtor, an attachment of earnings order, a judgment summons, or another enforcement order such as a charging order or third party debt order, where an earlier attempt didn't resolve the debt.
• What N446 does not do: reissue a warrant of control, possession, delivery or committal. GOV.UK's N446 form is headed "not warrant" for that reason — use Form N445 instead.
• Legal basis for the order itself: an order to obtain information is governed by CPR Part 71 and Practice Direction 71.
• First-time application vs reissue: a fresh CPR 71.2 application is made on Form N316 (individual) or N316A (company officer). N446 is only for reissuing something that already existed.
• Court fee: GOV.UK's N446 page does not list a fee. GOV.UK's N445 page (warrants) states a fee may apply. Check GOV.UK's civil court fees (EX50) before you file either form, as this can change.
• Interest treatment: interest can generally be added to the balance shown on N446 where the judgment is £5,000 or more, or attracts contractual/statutory interest — except when reissuing an order to obtain information, where the form uses a separate "unsatisfied warrant costs" line instead.
• Duty to update the court: you must tell the court immediately if you receive any payment after sending your N446 request — this is printed on the form itself.

What Form N446 covers

Form N446, officially "Request for Reissue of Enforcement or an order to obtain information from judgment debtor (not warrant)", lets a judgment creditor ask the county court to reissue one of four things, ticked as the "type of process" on the form:

1. An order to obtain information from the judgment debtor (sometimes still called an oral examination), under CPR Part 71.
2. An attachment of earnings order.
3. A judgment summons.
4. Another enforcement order, such as a charging order or a third party debt order.

The form asks for the county court name and claim number, and — depending on which box is ticked — the attachment of earnings number or judgment summons number, so the court can locate the existing file rather than opening a new one. It is signed and dated by the claimant or the claimant's solicitor.

Crucially, GOV.UK is explicit that N446 is not used to reissue a warrant. If an earlier attempt involved a warrant of control that came back unsatisfied, or a warrant of possession, delivery or committal, the correct form is N445.

N446 or N445? Choosing the right reissue form

| | Form N446 | Form N445 | |---|---|---| | Reissues | Order to obtain information, attachment of earnings order, judgment summons, or another enforcement order (e.g. charging order, third party debt order) | Warrant of control, possession, delivery or committal | | Legal basis | CPR Part 71 (orders to obtain information); the relevant rules for the type of order being reissued | CPR Part 83 — warrants of control, delivery and possession | | GOV.UK fee position | No fee listed | GOV.UK states a fee may apply, depending on why reissue is requested | | Where published | gov.uk: Form N446 | gov.uk: Form N445 |

The two forms exist because warrants of control follow their own lifecycle: under CPR 83.4, a warrant is valid for 12 months from issue and can be renewed by order of the court for further 12-month periods if not fully executed. CPR 83.4 separately allows a warrant that was suspended at the creditor's request to be re-issued on the creditor's application. Orders to obtain information, attachment of earnings orders, judgment summonses and the other orders covered by N446 sit under different procedural rules, so GOV.UK keeps them on a separate reissue form.

The legal basis: CPR Part 71 orders to obtain information

Most reissue requests on N446 relate to an order to obtain information, so it is worth understanding the framework it sits within.

Scope. CPR rule 71.1 provides for a judgment debtor to be required to attend court to give information, so that a judgment creditor can enforce a judgment or order against them.

Making the application. A first-time application under rule 71.2 is made without notice to the debtor, using Practice Form N316 (to question an individual debtor) or N316A (to question an officer of a company or corporation), as required by Practice Direction 71, paragraph 1.1. The application notice must state the debtor's name and address, identify the judgment being enforced, state the amount presently owed, and — if the creditor wants the questioning conducted before a judge rather than a court officer — say so and give reasons (PD71, paragraph 1.2). A court officer can deal with the application without a hearing, but must refer it to a judge if questioning before a judge is requested (PD71, paragraph 1.3).

What the order requires. Once made, an order under rule 71.2 requires the debtor to attend court at the time and place specified, produce any documents described in the order, and answer questions on oath about their means or any other matter needed to enforce the judgment (rule 71.2(6)). Every such order must carry a warning, in these or substantially similar terms: "If you the within-named [ ] do not comply with this order you may be held to be in contempt of court and punished by a fine, imprisonment, confiscation of assets or other punishment under the law" (rule 71.2(7)).

Service. The order must, unless the court says otherwise, be served personally on the debtor at least 14 days before the hearing (rule 71.3(1)). If the creditor is serving it, they must tell the court by 7 days before the hearing if they have been unable to do so (rule 71.3(2)). Service may be carried out by the creditor (or someone acting for them), a High Court enforcement officer, or a county court bailiff (PD71, paragraph 3).

Travel expenses. A debtor served with the order can, within 7 days, ask the creditor to pay a sum reasonably sufficient to cover travel expenses to and from court, and the creditor must pay it if asked (rule 71.4).

The creditor's affidavit. Before or at the hearing, the creditor must file an affidavit covering how and when the order was served, whether the debtor asked for travel expenses (and whether they were paid), and how much of the judgment debt remains unpaid — filed at least 2 days before the hearing, or produced at the hearing itself (rule 71.5).

The hearing. Questioning is normally conducted by a court officer using the standard questions in the official record-of-examination forms (EX140 for an individual, EX141 for a company officer); the creditor or their representative may attend and ask further questions. Where a judge has ordered the questioning to take place before them — because there are compelling reasons to do so — the creditor or their representative conducts the questioning directly, the standard forms are not used, and the proceedings are tape-recorded instead of transcribed (rule 71.6; PD71, paragraphs 4–5).

Non-compliance. If the debtor fails to attend, refuses to take the oath or answer questions, or otherwise fails to comply, the court refers the matter to a High Court judge or Circuit Judge, who can hold the debtor in contempt of court and impose a fine, imprisonment, confiscation of assets or other punishment — usually suspended provided the debtor subsequently attends and complies (rule 71.8).

Where N446 fits in. All of this machinery — service, questioning, and the consequences of non-compliance — applies equally to a reissued order. N446 itself is simply the request that restarts the process on the existing court file: it does not require a fresh application notice under PD71 paragraph 1.1, but once the court reissues the order, the same service, hearing and enforcement rules apply as if it were newly made.

How to complete and file Form N446

1. Confirm you have the right form. N446 covers reissue of an order to obtain information, an attachment of earnings order, a judgment summons, or another enforcement order — but not a warrant. If the earlier attempt involved a warrant that came back unsatisfied, use N445 instead.
2. Gather your case references. You will need the county court name and claim number, plus (depending on the type of process) the attachment of earnings number or the judgment summons number, and the dates of any previous hearings.
3. Tick the correct "type of process" box — order to obtain information, attachment of earnings, judgment summons, or "other" (specifying, for example, a charging order or third party debt order).
4. Enter the claimant's name and address for service and payment, and the defendant's name and address.
5. Work out the outstanding balance for box (A). This should include costs of issuing post-judgment process and unsatisfied warrant costs. Interest to the date of the request can generally be added where the judgment is £5,000 or more, or attracts contractual or statutory interest — except where you are reissuing an order to obtain information, in which case unsatisfied warrant costs are shown on a separate line instead.
6. If reissuing a judgment summons, complete box (B) with the amount due under the judgment summons only, excluding any period for which the defendant has already been imprisoned.
7. State your reasons for requesting reissue. The form's own examples are the debtor's address or employment changing, or a failure to make payments under a suspended order — give the specific facts that apply to your case.
8. Sign and date the form — the claimant, or the claimant's solicitor if you are represented — and keep a copy.
9. File the completed form with the county court that holds your case, and tell the court immediately if the debtor pays anything after you have sent the request.

What happens after you file

Once the court processes the N446 request, it either sets a fresh hearing date or reissues the relevant order. For an order to obtain information, this means a new order to attend court, which must then be served on the debtor personally at least 14 days before the hearing (unless the court directs otherwise). The debtor can ask you to cover their reasonable travel expenses within 7 days of being served, and you must pay if asked. You will normally need to file an affidavit confirming service, the travel-expenses position, and the balance still owed, either before the hearing or at it.

At the hearing itself, the debtor answers questions under oath about their means, conducted by a court officer using the standard record-of-examination questions unless a judge is hearing it directly. If the debtor doesn't attend, or refuses to cooperate, the matter is referred up to a High Court judge or Circuit Judge, who has the power to treat non-compliance as contempt of court.

Worked example: Meera's reissue request

Meera, a fictional creditor, obtained a county court judgment and successfully applied for an order to obtain information under CPR 71.2 using Form N316. The debtor, Mr Doyle, was served with the order but failed to attend the hearing. Meera's balance remains unpaid, so she completes Form N446, ticking "order to obtain information", entering the claim number and the date of the missed hearing, and giving her reason for reissue as "defendant failed to attend the hearing on [date]". She confirms the balance still owed in box (A), leaving out interest since she is reissuing an order to obtain information rather than adding it in the normal way.

The court reissues the order. Because Mr Doyle didn't attend the first time, Meera arranges for personal service well in advance of the 14-day minimum, and keeps a note of exactly when and how service was carried out, ready to put in her affidavit. If Mr Doyle fails to attend the reissued hearing too, the court can refer the matter to a Circuit Judge to consider whether he is in contempt of court.

Common mistakes to avoid

• Using N446 to try to reissue a warrant. The wrong form delays matters — use N445 for warrants of control, possession, delivery or committal.
• Missing case references. Leaving out the claim number, attachment of earnings number, or judgment summons number can mean the court cannot quickly match your request to the right file.
• Adding interest when reissuing an order to obtain information. The form treats this differently from other reissue types — check which box you're completing before working out the balance.
• Forgetting to update the court after a payment. The form requires you to tell the court immediately if the debtor pays anything after you file — don't let a hearing go ahead on stale figures.
• Assuming the fee position without checking. N446 and N445 are treated differently on GOV.UK's own guidance; always check the current EX50 fee list or ask the court office before you file.
• Missing the signature or date. A request without a signature and date is not complete.

If you are the judgment debtor

If you've been served with a reissued order to attend court, take it seriously. Under CPR rule 71.2(7), the order itself must contain a warning that failing to comply can be treated as contempt of court, punishable by a fine, imprisonment, confiscation of assets or other punishment under the law. You are entitled to ask the creditor to cover your reasonable travel expenses to and from court, provided you ask within 7 days of being served (rule 71.4). If you genuinely cannot attend on the date given, contact the court before the hearing rather than simply not turning up — non-attendance is one of the grounds that can see the matter referred to a judge under rule 71.8.

This is legal information, not legal advice

This guide explains the law and court procedure of England and Wales in general terms. It does not take account of your specific circumstances, and reading it does not create a solicitor–client relationship. LegalDocuments.co.uk is not a law firm and is not regulated by the Solicitors Regulation Authority. For advice on your situation, speak to our telephone legal advice service or consult a regulated solicitor. Court fees, form versions and procedural rules can change — always check GOV.UK and the Civil Procedure Rules for the current position before you file.

Last reviewed: August 2026 · Next review due: August 2027 or on legislative change.