Home/Legal Guides/Legal Guide

High Court enforcement • writ of control • business judgments

High Court Enforcement of Business Debts

Some County Court money judgments can be enforced through the High Court by writ of control. Eligibility depends on the judgment amount and type; commercial value depends on whether the debtor has goods or trading assets against which enforcement can work.

KEY ANSWER

The position in brief

Under the current jurisdiction rules, execution against goods for a County Court money judgment must generally be in the High Court where the sum sought is £5,000 or more, must be in the County Court below £600, and may generally use either court between those figures. Judgments arising from agreements regulated by the Consumer Credit Act 1974 are subject to a County Court restriction.

The current HMCTS fee for sealing a High Court writ of control is £82. A writ of control is most useful where there is a realistic prospect of accessible goods or payment once enforcement begins.

Legal issues

The creditor must have an enforceable judgment and unpaid balance. The £600 and £5,000 figures concern the forum for execution against goods; they are not general thresholds for every enforcement method.

Control of goods is only one remedy. Known bank funds or property may point to a third-party debt order or charging order instead.

Evidence that matters

Provide the sealed judgment, outstanding balance, claim type, debtor's addresses, evidence of trading, known goods, vehicles or equipment and previous enforcement records.

Reasonable lines of enquiry

Check current trading status, premises and assets before transfer. An asset-light or ceased company may justify a different enforcement strategy.

What happens next

Where the route is available, the required transfer and enforcement paperwork is prepared and a writ of control can authorise enforcement officers to take control of qualifying goods in accordance with the statutory procedure.

Immediate steps

Confirm the judgment balance, the nature of the underlying debt and what assets or premises the debtor actually has.

What should you send us?

Send the judgment, claim number, outstanding balance, underlying debt type, debtor's current address and trading details, asset information and previous enforcement documents.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can assess High Court enforcement eligibility, prepare transfer and writ paperwork, coordinate enforcement and advise if another remedy is more suitable.

NEXT STEP

Check whether High Court enforcement fits the judgment

Send the judgment and debtor asset information. We can assess eligibility and whether a writ of control is commercially sensible.

Check whether High Court enforcement fits the judgment

FREQUENTLY ASKED QUESTIONS

Questions about this issue

Can every CCJ be enforced through the High Court?

No. The applicable forum depends on the amount and type of judgment, and Consumer Credit Act judgments have a specific restriction.

What do the £600 and £5,000 figures mean?

For execution against goods, below £600 is generally County Court only; £5,000 or more is generally High Court only; between them either route may generally be available, subject to the rules and exceptions. The current HMCTS fee for sealing a High Court writ of control is £82.

Does High Court enforcement guarantee payment?

No. Recovery still depends on payment or qualifying goods being available for effective enforcement.