Apply for a warrant of control
Ask the court to collect money you're owed if you have a court order that’s not been paid. Known as a 'warrant of control'. Includes the N323 application form.
Overview
If someone has not paid money they owe you after a court has ordered them to, you can apply for a ‘warrant of control’ to enforce the judgement. A warrant of control gives court enforcement agents the authority to take goods from the defendant’s home or business, to settle the debt.
Before applying, you should read the guidance on what to do if a defendant does not pay money after judgment (EX321). This will help you decide whether applying for a warrant is the best course of action.
A warrant of control will only help if the defendant (debtor) has either:
- all the money you are claiming for on the warrant
- enough goods at the address you give that could be sold at auction to raise money for you
Before the court can issue a warrant, the defendant must have either:
- failed to pay the amount they have been ordered to pay
- fallen behind with at least one of their payments
This is called ‘being in arrears’.
Before you decide how to go ahead, you need to consider whether you are likely to get back the money owed and the court fee from the defendant. The court cannot guarantee that you will get your money back.
How much you can issue a warrant for
How much you can issue a warrant of control for depends on which court you apply to.
County court
If the amount you’re owed is £10 or less, you cannot apply for the warrant of control.
If applying in a county court, the enforcement agents can try to get any amount up to £5,000. You cannot ask the court to issue a warrant for more than £5,000. If you’re owed more than this and want to enforce the full amount, you can transfer your judgment to the High Court.
If the amount you’re owed is between £600 and £5,000 you can choose to issue a warrant in a county court or in the High Court. Court staff cannot tell you which option is more likely to get your money. Therefore, you may want to get help or legal advice.
If you are applying to enforce an agreement regulated by the Consumer Credit Act, you can only apply in a county court and there is no upper limit.
Family court
If applying in a family court, the enforcement agents can try and get back any amount of money.
High Court
If you are applying in the High Court, you will be asking for a ‘writ of control’ – this is the High Court’s equivalent to a warrant of control. You will need a ‘certificate of judgment’, which has details of your case and says how much you are owed.
You must complete a Combined certificate of judgment and request for writ of control or writ of possession form (N293A). Complete part 1 and send it to either the:
If you do not complete part 1 in full, the court may have to return it to you.
You must provide:
- the date of judgment
- the amount the order was made for, including any additional costs allowed by the court since judgment
- the total of any interest that has built up on the judgment
- the daily rate, if appropriate
The High Court procedure is different from county and family courts, and can be complicated and more expensive. You may want to get advice before you start this procedure.
Some county court hearing centres are also district registries of the High Court. Staff there or at the High Court in London can tell you more about High Court enforcement.
Apply to issue a warrant
You can ask for the enforcement agent to collect the whole amount that is owned to you.
Alternatively, the minimum amount you can ask for them to collect is whichever is the largest amount from:
- part of the amount owed
- one-monthly instalments
- four-weekly instalments
- £50
The cost and how to pay
The cost for a warrant of control (or writ of control in the High Court) depends on what type of court you are applying within:
- county court – £94
- family court – £114
- High Court – £80
You should pay the fee by cheque or postal order, payable to ‘HM Courts and Tribunal Service’. Include the payment with your form when you send it.
If you started a county court claim online, you will be asked to pay online using a credit or debit card.
Where to send the form
You should send your form, with payment, to the court that issued the judgement ordering the defendant pays what they owe you.
If you started a county court claim online you can submit the form and pay the fee online.
If you want confirmation that the warrant has been issued, and to know the warrant number, you should also send the court a stamped, addressed envelope.
If the defendant sends you any payments after you have sent the form to the court, you must tell the court immediately.
What the court will do
Once the court approves your application, it will issue the warrant to a certified enforcement agency that covers the defendant’s address. The enforcement agency will then send the defendant a letter saying that a warrant has been issued and that they must pay within 7 working days.
If the defendant pays, the court will send you the money. This could take up to 15 working days if the defendant paid by cheque.
The defendant could instead pay part of the money and apply for the warrant to be suspended (stopped). The court will send you a copy of the defendant’s application, along with another form for your reply to their application to suspend the warrant (form N246A). This will tell you what to do if you:
- agree to the warrant being suspended and accept the defendant’s offer of payment
- agree to the suspension but think that the defendant could pay more than they have offered
- do not agree to the warrant being suspended
If you agree to the suspension
If you agree to the suspension and the offer, the court will send you the money once the defendant has paid.
If you agree to the suspension but not the defendant’s offer, a court officer will look at the information given on their application and decide how much the defendant can afford to pay. The court will send an order to the defendant telling them how much to pay and when. You will be sent a copy.
If you do not agree with the court officer’s decision, you can ask for it to be reviewed by a judge. You will need to write to the court saying why you object to the court officer’s decision and give reasons.
You must send the N246A form or your letter to the court within 16 days of the date of the postmark shown on the envelope in which the order came. The court will arrange an appointment and you and the defendant will be told when to come to court. There is no fee for this appointment. If you do not go to the appointment, the judge may make an order anyway.
If you do not agree to the suspension
The court will arrange an appointment and you and the defendant will be told when to come to court. You can write to the court saying why you object. However, if you do not go to the appointment, the judge may make an order anyway.
If the warrant is suspended but the defendant does not pay
If the warrant is suspended but the defendant does not pay what they have agreed or been ordered to, you can ask the court to reissue the warrant (form N445). There is no fee for reissuing a warrant that has been suspended.
How long the warrant lasts
The warrant lasts for one year. If the defendant has not paid, or if the enforcement agent has not made a final report, within this time, the warrant is no longer valid.
You can apply to the court to ‘extend the warrant’s life’ using an application notice (Form N244). You will have to pay a fee of £119 for asking the court to do this. You must do this before the year the warrant lasts for has ended – otherwise, you will have to give reasons why you did not do so sooner.
If the court does not agree to extend the warrant, and you still want the enforcement to go ahead, you will have to ask for a new warrant and pay another fee.
How the warrant is enforced
If the defendant does not pay within 15 working days of the warrant being issued, the enforcement agent will call at the address you gave for them.
The agent will try to collect payment. If they are unable to, they will identify goods that they could sell at auction. The agent will take the cost of taking, storing and selling the goods from the amount they raise. The court will send you the remaining amount of money after this has been done.
If this amount does not repay the amount you are owed, the agent will visit the defendant again to see if there are any other goods which could be sold. If there are not, the agent will not be able to take any more action on the warrant.
If you gave more than one address, the agent will visit each address in turn until enough goods have been taken to cover what is owed.
Enforcement agents’ powers to enter a property
Enforcement agents can only enter the defendant’s home if they are allowed in by the person there. Or, if there is nobody there, the agent can only enter if a door is left unlocked. They can also enter if they have previously been allowed in and are returning to collect goods to be sold.
Agents may be able to break into business premises if there is no living accommodation attached and they believe the defendant’s goods are inside.
Goods that enforcement agents may take
The enforcement agent may only take goods that belong to the defendant or are jointly owned. For example, the agent may not take goods that are proven to belong only to the defendant’s partner.
Agents will only remove goods if they think they will make enough to pay something towards the warrant after the cost of removing and selling them at auction have been paid.
The enforcement agent will not usually take items such as second-hand furniture or electrical items if they are not likely to fetch very much at auction.
Goods that enforcement agents cannot take
Enforcement agents cannot take:
- items which the defendant needs for their job or business, such as books or tradesperson’s tools
- essential household items that the defendant and their family need, such as clothing or bedding
- items that are leased, rented or are on hire purchase agreements, including cars
- goods that may have already been identified to be seized by enforcement agents acting under another warrant
- any equipment not owned by the defendant’s business, such as leased office furniture, machinery and vehicles
There may be nothing belonging to a defendant company at its registered office. If you can, give an address where the company is carrying out its business.
Get help or advice
If you have any questions about a submitted application for a warrant of control, you should contact the court that issued the warrant. This will usually be the defendant’s local court.
When contacting the court, you must have the following details:
- the defendant’s name and address
- the warrant number (if you know it)
- the claim number
Before starting your application, you may want to get legal advice. You can find a solicitor. You can also get free legal advice from a law centre or Citizens Advice.
Law centres
The Law Centre Network’s website provides details of how to contact local law centres. Local law centres provide free face-to-face advice for local people who cannot afford to pay for a lawyer. Some of them also provide telephone advice.
Citizens Advice
A charity and network of local charities, offering free, confidential advice online, over the phone, and in person.
Chat online with an advisor
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Closed on bank holidays
Telephone: 0800 144 8848 (England), 0800 702 2020 (Wales)
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