Enforcement Forms UK: Warrants, Writs & Charging Orders

At a glance

• Renamed in 2014: a county court 'warrant of execution' became a warrant of control, and a High Court 'writ of fieri facias' became a writ of control, from 6 April 2014 — Tribunals, Courts and Enforcement Act 2007, s.62 and Schedule 12.
• Governing regulations: the mechanics of taking and selling goods are set out in the Taking Control of Goods Regulations 2013 (SI 2013/1894).
• County court warrant of control (N323): available for debts of £10 to £5,000; court fee £94. Regulated consumer credit debts must stay in the county court, with no upper limit.
• Transfer to the High Court (N293A): available for debts of £600 or more (not regulated consumer credit); High Court writ of control fee £80. Between £600 and £5,000 you can choose either route.
• Attachment of earnings (N337): only available where the debtor owes you more than £50; the court orders the debtor's employer to deduct money from wages.
• Charging orders (N379 land / N380 securities): secure the debt against property or investments under the Charging Orders Act 1979 and CPR Part 73 — do not by themselves force a sale.
• Third party debt order (N349): freezes money a third party, usually a bank, holds for the debtor, under CPR Part 72.
• Order to obtain information (N316 / N316A): summons the debtor (or a named company officer) to answer questions under oath about assets and income, under CPR Part 71 — an information-gathering step, not an enforcement order in itself.

This guide covers England and Wales only. It is not legal advice and is not a substitute for advice on your specific situation.

What enforcement forms actually do

A judgment on its own is just a court's statement that money is owed, or that a party is entitled to possession of land. It does not move money or hand back a property. If the debtor does not comply voluntarily, the winning party (the judgment creditor) has to go back to court with a further application — using the correct enforcement form — before any coercive step can be taken.

Each form triggers a different legal mechanism, governed by a different part of the Civil Procedure Rules (CPR): taking control of goods (CPR Part 83 general provisions and Part 84), attachment of earnings (CPR Part 89), third party debt orders (CPR Part 72), charging orders (CPR Part 73), and orders to obtain information (CPR Part 71). Which one fits depends on what the debtor has — earnings, property, money in a bank, goods of value, or nothing you can yet identify.

Before applying for any of them, the judgment must be enforceable: the time to pay must have passed, or an instalment must be in arrears. If the debtor is keeping up with an instalment order the court has approved, enforcement generally is not available until they default.

Warrants and writs of control: the county court and High Court routes

A warrant of control (form N323) authorises county court bailiffs or certified enforcement agents to attend the debtor's home or business and take control of goods that can be sold to raise money for the debt. Its High Court equivalent is the writ of control, requested using form N293A, which transfers the judgment up so a High Court Enforcement Officer (HCEO) can act.

Until 6 April 2014, these were called a warrant of execution and a writ of fieri facias (fi fa) — the Tribunals, Courts and Enforcement Act 2007, section 62, together with Schedule 12, renamed them and replaced the old law of distress with the current statutory 'taking control of goods' procedure. The detailed mechanics — notice periods, exempt goods, fees at each stage — are set out in the Taking Control of Goods Regulations 2013, which came into force the same day.

Choosing between county court and High Court

According to GOV.UK, the value bands are:

• £10 or less: a warrant of control cannot be issued.
• £10 to £600: the county court is the only route (form N323).
• £600 to £5,000: you can choose either the county court (N323) or the High Court (N293A). Court staff cannot advise which is more likely to succeed.
• Above £5,000: a county court warrant cannot be issued for the full amount; transferring to the High Court is needed to enforce the whole sum.
• Regulated Consumer Credit Act 1974 agreements: must stay in the county court, with no upper limit, and cannot be transferred to the High Court.

The fees, as published by HMCTS, are £94 for a county court warrant of control, £80 for a High Court writ of control, and £114 in the family court. A warrant lasts one year; if it has not been satisfied by then, it must be extended (a further £126 fee) or reissued.

Once issued, the enforcement agent writes to the debtor requiring payment within 7 working days, then may attend in person if the debtor has not paid within 15 working days of the warrant being issued. Agents can only take goods belonging to the debtor (or held jointly), and cannot take tools of trade, essential household items, or goods already on hire purchase.

Attachment of earnings: taking payment from wages

Where the debtor is employed and you know their employer, form N337 asks the county court to order the employer to deduct money directly from the debtor's wages and pay it to the court. GOV.UK confirms this route is only available where the debtor owes more than £50.

Attachment of earnings does not work for debtors who are self-employed, unemployed, or paid entirely in cash outside PAYE — the order is served on an employer, so there has to be one to serve it on.

Charging orders: securing the debt against property or securities

A charging order does not extract cash directly. It places a legal charge over an asset the debtor owns, so that if the asset is later sold or remortgaged, the debt must be paid from the proceeds first. Form N379 applies for a charge over land or property; form N380 applies where the asset is instead a security — shares, government stock, or a similar financial instrument.

The power comes from the Charging Orders Act 1979, and the procedure runs through CPR Part 73: an interim charging order is normally made on the papers, then served, and — if nobody objects, or after a hearing if they do — confirmed as a final charging order. Registering the interim order at HM Land Registry promptly protects the creditor's priority. A charging order alone does not compel a sale; forcing one requires a further, separate application.

Third party debt orders: freezing money held by someone else

A third party debt order, applied for using form N349, freezes money that a third party — most often a bank or building society — currently owes to or holds for the debtor. It runs through CPR Part 72: an interim order is made without notifying the debtor first (so the account cannot be emptied in the meantime), then a hearing decides whether to make it final and pay the frozen sum across to the creditor.

This route only works where the creditor can point to a specific account the debtor holds — a speculative application against an unidentified bank will not succeed, and the court will not grant one without evidence to substantiate the belief that the account exists.

Finding out what the debtor owns: the order to obtain information

If you do not know whether the debtor has a job, savings, or property, form N316 (individual debtor) or form N316A (a named officer of a company debtor) applies under CPR Part 71 for an order requiring the debtor to attend court and answer questions, under oath, about their income, assets and outgoings. It is normally served personally, at least 14 days before the hearing, and the debtor is usually asked to bring supporting documents such as payslips and bank statements.

This form does not recover any money on its own. It exists so that the next enforcement step — attachment of earnings, a charging order, or a third party debt order — is chosen based on what the debtor actually has, rather than a guess. Failing to attend or answer can ultimately lead to committal proceedings for contempt of court, though the process is graduated and imprisonment is a last resort.

Possession warrants and writs: recovering land or property

Where the judgment is for possession of land rather than money — evicting a tenant, or removing someone with no right to remain — the county court equivalent is a warrant of possession, requested using form N325. If a possession order was suspended on terms (for example, the occupier could stay provided they paid arrears) and those terms have since been broken, form N325A is used instead.

In the High Court, the equivalent is a writ of possession, which can be requested using form N293A or the combined form PF86A, which also covers writs of control and writs of delivery in one application. Possession enforcement against trespassers is treated differently from the standard taking-control-of-goods procedure and carries its own notice rules — this is a technical area, and the consequences of getting it wrong (including potential liability) mean it is worth taking advice before proceeding.

Other enforcement routes worth knowing about

A few further forms cover narrower situations: form N324 requests a warrant of delivery, ordering specific goods to be handed back rather than sold; form N445 reissues a warrant that lapsed or was suspended, at no additional fee; and form N471 enforces an unpaid Employment Tribunal award through the county court, requesting a writ of control in the process.

How to choose the right enforcement form

1. Check the judgment is enforceable. Confirm judgment has been entered, the time to pay has passed, or an instalment is in arrears.
2. Work out what the debtor has. If you are not sure, an order to obtain information (N316/N316A) is often the sensible first step — it costs a fee, but a warrant against a debtor with no goods, or a third party debt order against the wrong bank, wastes money and time.
3. Match the form to the asset. Employed with a known employer → attachment of earnings (N337). Equity in property or securities → charging order (N379/N380). Identifiable bank funds → third party debt order (N349). Goods of realisable value → warrant or writ of control (N323/N293A). Land or property to recover → warrant or writ of possession (N325/N325A).
4. Decide county court or High Court where the debt is £600–£5,000 and both routes are open — weigh the £94 versus £80 fee against how quickly and effectively an HCEO is likely to act compared with county court bailiffs.
5. File, pay the fee, and keep the court updated. Pay the current court fee (check GOV.UK, as fees change periodically), and tell the court immediately if the debtor pays you directly after you have filed.

This guide provides general information about enforcement forms in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law and fees described were accurate as at August 2026 and are subject to change — always check GOV.UK and legislation.gov.uk for the most current position.

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