Enforcing a writ of control—judgment creditor—frequently asked questions
Produced in partnership with David W Carter of The Sheriffs Office
Enforcing a writ of control—judgment creditor—frequently asked questions

The following Dispute Resolution guidance note Produced in partnership with David W Carter of The Sheriffs Office provides comprehensive and up to date legal information covering:

  • Enforcing a writ of control—judgment creditor—frequently asked questions
  • I have a judgment which the debtor has not paid—what are my options?
  • I have chosen to instruct a High Court Enforcement officer to enforce using by taking control of the judgment debtor's goods—what do I do now?
  • How long does the transfer up process take?
  • Do you have to tell the debtor you are coming?
  • The judgment debtor is a company, which address should the HCEO attend?
  • Will the HCEO remove the debtor's goods?
  • Does the HCEO have to sell the goods at auction?
  • Can the HCEO force entry into a property?
  • Can the HCEO take goods belonging to another person?
  • more

This Practice Note, produced in conjunction with enforcement specialists, The Sheriffs Office, answers some of the more frequently asked questions judgment creditors may ask their solicitors when using the Taking Control of Goods procedure in the High Court to enforce an unpaid judgment or order.

I have a judgment which the debtor has not paid—what are my options?

There are several options available to creditors to try and recover their money. If the judgment debtor has tangible assets, by far the most cost effective and quickest method is to use High Court Enforcement Officers (HCEOs).

The other options available are:

  1. Charging order—this can be sought and obtained against the debtor's home, business premises or shares. The charging order only secures the judgment debt, however, and you would need to take further steps to obtain an order for sale in order to realise your debt. It can therefore be a lengthy and uncertain process, particularly if the property is already charged to other creditors

  2. Attachment of Earnings—this is where the creditor or their solicitor can ask the court to deduct money directly from the debtor's salary, provided they are in employment. If the debtor moves jobs the creditor or their solicitor will need to apply to the court again

  3. Third Party Debt Orders—this is made against a third party