You won. A judge looked at the evidence and agreed the money is yours. And yet the defendant is still ignoring you, months later, as if the judgment never happened. That is genuinely unfair, and you do not have to just accept it. A warrant of control is one of the most direct tools the court gives you: it sends county court bailiffs to the debtor's address with the power to take their goods and sell them to pay you back. This guide explains exactly how it works, what it costs, and, honestly, when it will get you paid and when it won't.
What Is a Warrant of Control?
A warrant of control is a court order that authorises county court enforcement agents (bailiffs) to attend the debtor's address, take control of their goods, and, if necessary, remove and sell those goods to pay off an unpaid judgment debt. It is one of the main enforcement routes under the Civil Procedure Rules (CPR) Part 83 and the Taking Control of Goods Regulations 2013.
Getting a warrant issued does not mean bailiffs will turn up and start clearing the house that day. The process follows a set sequence: the debtor gets notice, the bailiff visits, and in a lot of cases the debtor pays up or agrees a payment plan before anything is actually removed. Just having the warrant is often enough to get someone moving who has ignored every letter you have sent.
Warrants of control are enforced by county court bailiffs, sometimes called county court enforcement agents. They are different from High Court Enforcement Officers (HCEOs), who enforce writs of control instead. County court bailiffs usually handle debts up to £5,000. For larger debts you can often transfer the judgment up to the High Court and use a High Court Enforcement Officer instead, who can be more effective on bigger sums.
Key point: A warrant of control can only be used to make someone pay money. It cannot force someone to do something, or stop doing something, those need a different court order entirely.
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When Can You Apply for a Warrant of Control?
You can apply for a warrant of control once all of the following are true:
- You have a county court judgment (CCJ). The court must have already ordered the defendant to pay you money. You cannot apply for a warrant before judgment has been entered
- The judgment debt has not been paid, or the defendant has fallen behind on instalments the court ordered
- The time for payment has passed. If the judgment set a payment date, that date must have gone. If it ordered payment “forthwith” (immediately), you can apply straight away
- The judgment has not been set aside or paused. If the defendant successfully applied to set it aside, or the court paused enforcement, you cannot proceed yet
There is no set minimum wait before you can apply, but it is sensible to give the defendant at least 14 days from the date of judgment to pay before you go down the enforcement route. If the judgment allows instalments, you can apply for a warrant as soon as they miss a payment.
Important: If the defendant has applied to change the judgment (for example, to lower instalment amounts) or to set it aside, the court may pause enforcement until that application is decided. Check with the court first if you know of any pending application.
What Is Form N323?
Form N323, officially “Request for Warrant of Control,” is the court form you complete to apply for a warrant of control in the county court in England and Wales. It is how you, as the judgment creditor, ask the court to send bailiffs to enforce your judgment.
The form asks for details about the original judgment, how much is still owed, any payments already received, and the address where enforcement should happen. It also has a statement of truth you must sign to confirm the information is accurate.
You can download the N323 form from gov.uk, or complete it online using JustClaim's step-by-step tool, which walks you through each field and submits it for you.
How to Fill In Form N323
The N323 is fairly straightforward compared with some other court forms, but accuracy matters. Errors can delay enforcement. Here is what each part is asking for.
Claim Number and Court Details
At the top of the form, enter:
- The claim number, the reference assigned when the original claim was issued. It appears on every piece of court correspondence, usually in a format like “A00XX000”
- The claimant's name (that's you, if you brought the original claim, or your business)
- The defendant's name (the person or company who owes the money)
Judgment Amount and Interest
You need to state:
- The amount of the judgment, the total the court ordered the defendant to pay
- Court costs awarded, any costs the court ordered on top of the judgment amount
- Interest, if the judgment carries interest (contractual, or under the County Courts Act 1984 at 8% a year), work out what has accrued since the date of judgment
- The warrant issue fee, added to the debt so you recover it too
Payments Received and Balance Owed
Deduct anything the defendant has already paid towards the judgment. State:
- The total amount paid by the defendant since judgment
- The balance remaining, the amount you are asking the bailiff to collect
Be accurate: If you overstate what is owed, for example by forgetting to deduct payments already made, the warrant can be challenged and enforcement delayed. Keep careful records of anything you receive.
Address for Enforcement
Give the address where the bailiff should attend. This is usually the defendant's home or business premises. If you know they have moved, give the most current address you have. The bailiff cannot enforce the warrant if they cannot find the debtor.
Statement of Truth
You sign the statement of truth confirming the information is accurate and that the amount claimed has not been paid. If you are a company, an authorised officer signs. A false statement of truth is contempt of court and can carry real penalties.
N323 Form Fees
The court fee for a warrant of control is £96. This fee is added to the amount the defendant owes, so if enforcement succeeds, you get it back along with the judgment debt. You do not lose it, it becomes part of what the bailiff collects.
If you are on a low income or receiving certain benefits, you may qualify for Help with Fees (fee remission). Apply using form EX160 alongside your N323.
JustClaim pricing: Our service fee is £59 on top of the court fee. There are no hidden charges, just the court fee and our fee, both shown before you pay.
Skip the paperwork. File your N323 online.
Our tool walks you through form N323 step by step. No downloads, no printing, no solicitor needed.
Start my warrant of controlWhat Happens After You Apply
Once the court has your N323 form and fee, the process follows a set sequence under the Taking Control of Goods Regulations 2013:
1. The Court Issues the Warrant
The court processes your application and issues the warrant of control. It goes to the county court bailiff team covering the area where the debtor lives or works. This typically takes 1 to 2 weeks.
2. Notice to the Debtor
The enforcement agent must give the debtor at least 7 clear days' notice before attending. This “enforcement notice” tells the debtor a warrant has been issued and enforcement will follow if the debt is not paid. A lot of debtors pay at this point to avoid a bailiff visit.
3. First Visit by the Bailiff
If the debtor still hasn't paid, the bailiff attends the address. On the first visit, they will:
- Try to collect the full amount owed by cash, card, or cheque
- If the debtor cannot pay in full, agree a controlled goods agreement, a binding agreement where the debtor promises instalments and the bailiff lists goods that can be seized if payments are missed
- Take goods away immediately if the debtor refuses to engage or clearly has no prospect of paying
4. Controlled Goods Agreement
A controlled goods agreement is common. The bailiff lists the debtor's goods of value and the debtor agrees a payment schedule. Keep up the payments and the goods stay put. Default on the agreement and the bailiff can return and remove the listed goods without further notice.
5. Removal and Sale of Goods
If the debtor doesn't pay, or breaks a controlled goods agreement, the bailiff can remove goods and sell them at public auction. Proceeds go towards the judgment debt, court fees, and enforcement costs. Any surplus goes back to the debtor.
Being honest about success rates: In plenty of cases, the debtor pays up at the notice stage or the first visit, before anything is ever removed. In others, the bailiff finds nothing worth taking and the warrant comes back unsatisfied. It works best when the debtor has a real address and real possessions or a business. It works badly against someone with nothing to their name. The next section helps you weigh that up.
How to Enforce a County Court Judgment
A warrant of control is one of several ways to enforce a CCJ. The right one depends on the debtor's circumstances, whether they are employed, own property, hold money in a bank account, or run a business. Here is an overview of your main options.
Warrant of Control (Form N323)
Covered in this guide, a warrant of control sends county court bailiffs to collect the debt by seizing and selling the debtor's goods. Most effective when the debtor has valuable personal property or business assets. Court fee: £96.
Attachment of Earnings Order (Form N337)
If the debtor is employed, you can apply for an attachment of earnings order. The court orders their employer to deduct a set amount from their wages each pay period and send it to the court, which passes it on to you. Effective for employed debtors with a regular income, but no use if they are self-employed or out of work.
Third-Party Debt Order (Form N349)
A third-party debt order freezes money in the debtor's bank account and orders the bank to pay it to you. You need to know, or be able to identify, the bank and branch where they hold an account. Effective when you know they have funds and are simply choosing not to pay.
Charging Order (Form N379)
A charging order secures the judgment debt against the debtor's property, usually their home. It does not pay you immediately, but the debt has to be paid when the property is sold. You can also apply for an order for sale to force a sale, though courts are reluctant to grant this for modest debts against a family home.
Transfer to the High Court (Form N293A)
For debts over £600, you can transfer your county court judgment to the High Court for enforcement by High Court Enforcement Officers (HCEOs). This uses form N293A and results in a writ of control rather than a warrant. HCEOs are generally considered more effective than county court bailiffs: they are private sector agents with a financial incentive to collect, and they have wider powers, including forcing entry to commercial premises.
Choosing the right method: Still not sure which route fits your case? Try the helper near the top of this page, or apply for an order to obtain information (form N316) first. That forces the debtor to attend court and disclose their finances, which makes the decision much easier.
What Bailiffs Can and Cannot Take
The Taking Control of Goods Regulations 2013 set strict rules on what enforcement agents can and cannot seize. Knowing these rules helps you judge whether a warrant of control is likely to work in your case.
What Bailiffs Can Take
- Vehicles (unless needed for the debtor's work and worth less than £1,350)
- Jewellery, antiques, and valuable collectibles
- Electronics: televisions, computers, games consoles, tablets
- Furniture of significant value
- Business stock and equipment
- Cash and cheques found at the property
What Bailiffs Cannot Take
- Essential household items: a cooker, fridge, washing machine, beds, bedding, and a table and chairs sufficient for the household
- Tools of the trade: items the debtor needs for work, up to a total value of £1,350
- Items belonging to someone else: goods that don't belong to the debtor cannot be seized, even if they are at the debtor's property. The third party would need to prove ownership
- Items on hire purchase: goods the debtor is still paying off under a hire purchase or conditional sale agreement
- Guide dogs and assistance dogs
- Items in use: a bailiff cannot take clothing the debtor is wearing
Peaceful entry only: On the first visit, county court bailiffs can only enter through an unlocked door or with the debtor's permission. They cannot force entry to a residential property the first time. If a controlled goods agreement is later broken, they may re-enter using reasonable force to remove the listed goods.
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File your N323 warrant of control application online. We handle the formatting and submission, you just answer the questions.
Start my warrant of controlWhat If Enforcement Fails?
Sometimes a warrant of control does not get you paid in full. This can happen because:
- The debtor has no goods worth seizing
- The debtor has moved and cannot be traced at the address you gave
- The debtor genuinely cannot pay (sometimes called “judgment proof”)
- The debtor refuses entry and the bailiff cannot get in peacefully
If the warrant comes back unsatisfied, you still have options:
- Try a different enforcement method: an attachment of earnings order or third-party debt order may succeed where a warrant did not
- Transfer to the High Court: for debts over £600, High Court Enforcement Officers often have higher success rates than county court bailiffs
- Apply for an order to obtain information (N316): force the debtor to disclose their income, assets, and bank details under oath, then pick the most effective method
- Wait and re-apply: judgments are enforceable for 6 years (and can be extended). The debtor's circumstances may change, and you can apply for a fresh warrant any time within that period
Six-year limit: You can enforce a judgment for up to 6 years from the date it was entered. After that, you need the court's permission, which may or may not be given. Don't leave enforcement too late.
Common Mistakes to Avoid
Filing an N323 is simpler than many court forms, but these mistakes can cause delays:
- Wrong claim number: double-check it against your court paperwork. An incorrect number will delay or block the warrant being issued
- Incorrect balance calculation: forgetting to account for payments already received, or getting interest wrong, can get the warrant challenged
- Wrong address: send the bailiff to an old address and the warrant comes back unexecuted. Make a real effort to find the current address
- Applying too soon: there is no mandatory wait, but applying before the debtor has had a fair chance to pay (typically 14 days) can waste costs if they were about to pay anyway
- Paying the wrong fee: submitting the wrong amount delays processing. Confirm the current fee on gov.uk before filing
- Forgetting to sign the statement of truth: an unsigned form gets returned to you
- Not considering alternatives: a warrant of control is not always the best method. If the debtor has no valuable goods but is employed, an attachment of earnings order may work better
Frequently Asked Questions
What is form N323?
Form N323 is the official court form used to request a warrant of control in England and Wales. It allows a judgment creditor to ask the county court to send bailiffs (enforcement agents) to collect a debt after obtaining a county court judgment (CCJ) that the defendant has not paid. The form asks for details of the original judgment, the amount still owed, and the debtor's address.
How much does a warrant of control cost?
The court fee is £96 to issue the warrant. It is added to the amount the defendant owes, so you recover it if enforcement is successful. Always check gov.uk (leaflet EX50) for the current fee before filing.
Can I apply for a warrant of control online?
Yes. JustClaim's N323 tool walks you through the form step by step, calculates the amounts for you, and submits it. You can also download the form from gov.uk, fill it in by hand, and post it to the county court that issued your judgment.
How long does a warrant of control take?
After the court issues the warrant, the debtor gets at least 7 days' notice before bailiffs visit. The first visit typically happens within 2 to 6 weeks of the warrant being issued, depending on the court and bailiff workload. The full process, from application to money in your account, can take anywhere from a few weeks to several months.
Can bailiffs force entry with a warrant of control?
No, not on the first visit. County court bailiffs can only enter a residential property through an open door or with the debtor's permission. They cannot force entry the first time they attend. If they previously entered and the debtor signed a controlled goods agreement that was later broken, they may force entry on a later visit to remove those goods.
What is the difference between a warrant of control and a writ of control?
A warrant of control is enforced by county court bailiffs. A writ of control is enforced by High Court Enforcement Officers (HCEOs) and generally used for debts over £600. HCEOs tend to be more effective: they have wider powers, including the ability to force entry to commercial premises. To get a writ instead of a warrant, you transfer your judgment to the High Court using form N293A.
How do I enforce a CCJ if a warrant of control doesn't work?
You have other options: an attachment of earnings order (form N337) to take money straight from the debtor's wages, a third-party debt order (form N349) to freeze money in their bank account, a charging order (form N379) to secure the debt against their property, or transferring the judgment to the High Court for enforcement by HCEOs. The best method depends on what you know about the debtor's circumstances.
What if the bailiff can't collect the debt?
If the bailiff cannot collect, for example because the debtor has no goods worth taking or has moved address, the warrant is returned to the court unsatisfied. You can then try an attachment of earnings order, a third-party debt order, or transfer the judgment to the High Court. You can also apply for an order to obtain information (form N316) to find out about the debtor's finances first. Judgments stay enforceable for 6 years, so you can try again.