If a business has a county court judgment against it and has not paid, you can ask the court for a warrant of control. County court enforcement agents, often called bailiffs, then ask the debtor for payment and, if it still does not pay, can take control of goods at its premises and sell them towards the debt. It only works if the debtor owns goods worth taking.
This guide covers England and Wales. Northern Ireland and other parts of the UK have their own rules.
1. When can you ask for a warrant of control?
You need a judgment for money that has not been paid. HMCTS guidance on applying for a warrant of control says the debtor must have failed to pay, or fallen behind on at least one instalment, before a warrant can be issued. Where the court ordered payment by instalments, rule 83.15 of the Civil Procedure Rules lets you ask for the whole sum outstanding or for part of it, above a minimum the rule sets. Under rule 83.2 of the same Part, you need the court's permission if six years or more have passed since the judgment.
Check the debtor is still trading first; if a company is in liquidation, see our guide on a company in liquidation or dissolved. Against an individual, such as a sole trader, the government's page on enforcing a judgment says you cannot enforce during a Breathing Space. Our guide to enforcing a CCJ against a company compares the warrant with the other options.
2. How do you apply, and what does it cost?
You apply on form N323. The HMCTS guidance says to send it, with the fee, to the court that issued the judgment, or to submit and pay online if you started the claim online. It also says you cannot ask for more than £5,000 in the county court. Rule 83.15 says the request can be made without notice to the debtor, and you must certify the amount outstanding. The court issues the warrant to an enforcement agency covering the debtor's address. If the debtor pays you directly after you apply, tell the court straight away.
The current civil court fees list (EX50) gives £96 to issue a warrant of control. Fees change, so check that list on the day you apply.
3. Would the High Court be better?
For a debt of £600 up to £5,000, the HMCTS guidance says you can use either the county court or the High Court. There the equivalent is a writ of control, carried out by a High Court Enforcement Officer, and you transfer the judgment on form N293A. Sealing a writ of control costs £82 under the EX50 fees list, but the agent's fees on a writ follow a different, higher scale in the fees Schedule. When that is worth it is covered in our guide to transferring a CCJ to the High Court.
4. What notice does the debtor get?
According to the HMCTS guidance, the agency first writes asking for payment within 7 working days. If the debtor has not paid within 15 working days, an agent calls at the address you gave.
The legal minimum is in regulation 6 of the Taking Control of Goods Regulations 2013. A notice of enforcement must be given to the debtor not less than 14 clear days before the agent takes control of its goods. Sundays, bank holidays, Good Friday and Christmas Day do not count. The court can allow a shorter period only if goods are likely to be moved or disposed of to avoid enforcement, on an application under rule 84.4 of the Civil Procedure Rules.
Since 1 May 2026, a request from a debt advice provider on the debtor's behalf extends the minimum to 28 clear days, but not for non-eligible business debt: under regulation 5 of the Debt Respite Scheme Regulations, broadly a debt relating solely to a business whose owner is VAT-registered or a partner in a partnership.
Under regulation 9, the agent cannot take control of goods more than 12 months after the date of the notice of enforcement, unless the court extends that once.
The debtor can also pay part of the debt and apply to suspend the warrant. The court sends you a copy of the application with form N246A, and the guidance says you must reply within 16 days of the postmark on the envelope.
5. What can be taken from a business, and what is exempt?
Only the debtor's own goods. Paragraph 10 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 says an agent may take control of goods only if they are goods of the debtor. The HMCTS guidance adds that jointly owned goods can be taken, and that goods proven to belong only to a business partner cannot.
An agent may enter premises they reasonably believe are where the debtor lives or carries on a trade or business, under paragraph 14. Under a county court warrant of control, paragraphs 17 and 18A allow reasonable force, if necessary, to enter premises where the agent reasonably believes the debtor carries on a business. The guidance describes this as business premises with no living accommodation attached.
Some goods are exempt under regulation 4 of the 2013 Regulations:
- Tools of trade. Items or equipment, such as tools, books, telephones, computer equipment and vehicles, that are necessary for use personally by the debtor in its business, trade or profession, up to an aggregate value of £1,350 under regulation 4(1)(a). The wording is about items the debtor uses personally, so it matters most against an individual.
- Basic household items reasonably needed for the debtor's domestic needs, such as clothing, bedding, a cooker and a fridge.
- Certain animals and vehicles, including guard dogs, emergency vehicles and a vehicle displaying a valid disabled person's badge.
The guidance adds that agents take goods only if they are likely to raise something after removal and auction costs, so low-value second-hand items are usually left.
6. What is a controlled goods agreement?
An agent does not have to take goods away. Paragraph 13 of Schedule 12 lists the ways of taking control: securing goods where they are, removing them, or entering into a controlled goods agreement. Under that agreement the debtor keeps the goods, acknowledges the agent has taken control of them, and agrees not to remove or dispose of them before the debt is paid.
Regulation 15 says the agreement must be in writing and signed by the agent and by the debtor or someone with authority to sign for it. It must list the goods in enough detail to identify them and set out the agreed repayment terms.
For a creditor, this is often how a warrant ends: the business keeps trading with its equipment, and pays in instalments with that equipment under the agent's control. If an instalment plan agreed after the notice of enforcement is broken, regulation 9 restarts the 12-month period from the date of the breach.
7. How are goods sold, and who pays the agent's fees?
If the debt is still not paid, goods can be removed and sold. Under paragraph 41 of Schedule 12, the sale must be by public auction unless the court orders otherwise, on the agent's application. Under regulation 41, the alternatives include private contract and sealed bids.
There are two waiting periods. Regulation 37 sets a minimum of 7 clear days from removing the goods before they are sold, and regulation 38 requires 7 clear days' notice of the date, time and place of sale. Both can be shortened to a day where waiting would make the goods unsaleable or substantially reduce their value.
The agent's fees are set by the Taking Control of Goods (Fees) Regulations 2014. Under regulation 4, they are recovered from the debtor, stage by stage, and can be taken out of the proceeds of sale. For enforcement other than under a High Court writ, the Schedule, as substituted from 1 May 2026, sets a compliance stage fee of £79, an enforcement stage fee of £247 and a sale or disposal stage fee of £116. The last two each add 7.5% of the part of the sum to be recovered that exceeds £1,900, worked out under regulation 7.
If a sale raises less than is owed, regulation 13 sets the order: auctioneer's fees first, then the compliance fee, then the rest is shared in proportion between your debt and the agent's remaining fees.
8. When is a warrant not worth it?
The HMCTS guidance makes clear that a warrant does not ensure you are paid. A warrant is unlikely to help where:
- There is nothing worth selling. A service business may own little that would clear the costs of removal and auction.
- The goods are on finance. The guidance says leased, rented and hire purchase goods, including vehicles, cannot be taken.
- Someone else owns the goods. If a third party applies to the court claiming the goods are theirs, paragraph 60 of Schedule 12 stops the agent selling them unless the court directs otherwise.
- Another warrant got there first. Goods already identified under another warrant cannot be taken.
- The debtor is insolvent. A liquidation or administration changes what a single creditor can do.
If you do not know what the debtor owns, an order to obtain information can find out before you commit. Money in a bank account may be easier to reach with a third party debt order, and property with a charging order.
9. When to pass it on
You can request a warrant yourself. It is worth handing over when:
- you are not sure whether the debtor owns goods worth taking, or whether they are on finance;
- the debt is large enough that the High Court might be the better route, and you cannot decide;
- the debtor has moved, changed name or stopped trading from the address on the judgment;
- an earlier warrant came back with nothing to show.
If a business has ignored a judgment and you want to know whether enforcement agents are the right route, tell us about the debt. For the wider picture, see our guide to recovering a business debt in the UK.
This guide is general information about the law in England and Wales as it stood when it was written. It is not legal advice, and it does not take account of your circumstances. For advice on a particular case, speak to a solicitor.