N323 Form Guide — Request a Warrant of Control

If you have won a county court judgment (CCJ) but the defendant has not paid, you do not have to accept it. A warrant of control is one of the most direct ways to enforce your judgment — it authorises county court bailiffs to visit the debtor, take control of their goods, and sell them to recover the money you are owed. To apply for one, you need to complete form N323. This guide explains the entire process from start to finish.

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 satisfy an unpaid judgment debt. It is one of the primary enforcement methods available under the Civil Procedure Rules (CPR) Part 83 and the Taking Control of Goods Regulations 2013.

When the court issues a warrant of control, it does not mean bailiffs will immediately seize property. The process follows a structured sequence: the debtor is given notice, the bailiff visits, and in many cases the debtor pays up or enters into a controlled goods agreement before anything is removed. The threat of enforcement is often enough to prompt payment.

Warrants of control are enforced by county court bailiffs (also called county court enforcement agents). These are different from High Court Enforcement Officers (HCEOs), who enforce writs of control. County court bailiffs deal with debts in the county court, typically up to £5,000, though there is no strict upper limit for warrants of control — the limit applies to the court fee bands.

When Can You Apply for a Warrant of Control?

You can apply for a warrant of control once all of the following conditions are met:

• You have a county court judgment (CCJ) — the court must have already made an order requiring 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 instalment payments ordered by the court
• The time for payment has passed — if the judgment required payment by a certain date, that date must have passed. If the judgment ordered payment “forthwith” (immediately), you can apply straight away
• The judgment has not been set aside or stayed — if the defendant has successfully applied to set aside the judgment, or if the court has stayed enforcement, you cannot proceed

There is no statutory minimum waiting period before you can apply, but in practice it is sensible to allow the defendant at least 14 days from the date of judgment to make payment before applying for enforcement. If the judgment specifies payment by instalments, you can apply for a warrant once the defendant misses a payment.

What Is Form N323?

Form N323, officially titled “Request for Warrant of Control,” is the specific court form you must complete to apply for a warrant of control in the county court in England and Wales. It is the mechanism by which you, as the judgment creditor, ask the court to authorise bailiffs to enforce your judgment.

The form asks for details about the original judgment, how much is still owed, any payments that have been received, and the address where enforcement should take place. It also includes a statement of truth that you must sign to confirm the information is accurate.

You can download the N323 form from the gov.uk website, or you can 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 form is relatively straightforward compared to some other court forms, but accuracy is essential. Any errors can delay enforcement. Here is a section-by-section guide.

Claim Number and Court Details

At the top of the form, enter:

• The claim number — this is the reference number assigned when the original claim was issued (it appears on all court correspondence, usually in the format “A00XX000”)
• The claimant's name (the person or company who is owed money — this is you if you brought the original claim)
• The defendant's name (the person or company who owes the money)

Judgment Amount and Interest

You need to specify:

• The amount of the judgment — the total amount the court ordered the defendant to pay
• Court costs awarded — any costs the court ordered the defendant to pay on top of the judgment amount
• Interest — if the judgment includes interest (either contractual or under the County Courts Act 1984 at 8% per year), calculate the interest accrued since the date of judgment
• The warrant issue fee — include the court fee for the warrant (£77 or £108, depending on the amount), as this is added to the debt

Payments Received and Balance Owed

Deduct any payments the defendant has already made towards the judgment. The form requires you to state:

• The total amount paid by the defendant since judgment
• The balance remaining — this is the amount you are asking the bailiff to collect

Address for Enforcement

Provide the address where the bailiff should attend. This is usually the defendant's home address or business premises. If you know the defendant has moved, provide the most current address you have. The bailiff cannot enforce the warrant if they cannot locate the debtor.

Statement of Truth

You must sign the statement of truth confirming that the information in the form is accurate and that the amount claimed as owing has not been paid. If you are a company, an authorised officer must sign. Making a false statement of truth is a contempt of court and can result in penalties.

N323 Form Fees

The court fee for requesting a warrant of control depends on the amount of the judgment debt:

• £77 — for debts up to £5,000
• £108 — for debts between £5,000.01 and £150,000

The fee is added to the amount the defendant owes, so if enforcement is successful, you recover the fee along with the judgment debt. You do not lose the fee — it becomes part of what the bailiff collects.

If you are on a low income or receiving certain benefits, you may be eligible for Help with Fees (fee remission). Apply using form EX160 at the same time as filing your N323.

What Happens After You Apply

Once the court receives your N323 form and fee, the process follows a structured sequence governed by the Taking Control of Goods Regulations 2013:

1. The Court Issues the Warrant

The court processes your application and issues the warrant of control. This is sent to the county court bailiff team responsible for the area where the debtor lives or works. Processing 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 the property. This notice (called an “enforcement notice”) informs the debtor that a warrant has been issued and that enforcement action will follow if the debt is not paid. Many debtors pay at this stage to avoid a bailiff visit.

3. First Visit by the Bailiff

If the debtor does not pay after receiving notice, the bailiff will attend the debtor's address. On the first visit, the bailiff will:

• Attempt to collect the full amount owed in cash, by card, or by cheque
• If the debtor cannot pay in full, the bailiff may agree a controlled goods agreement — a binding agreement where the debtor promises to pay in instalments and the bailiff takes an inventory of goods that can be seized if payments are missed
• The bailiff may also take goods away immediately if the debtor refuses to engage or 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 to a payment schedule. If the debtor keeps up with payments, the goods are not removed. If the debtor defaults on the agreement, the bailiff can return and remove the listed goods without further notice.

5. Removal and Sale of Goods

If the debtor fails to pay or breaches a controlled goods agreement, the bailiff can remove goods and sell them at public auction. The proceeds are used to pay the judgment debt, court fees, and enforcement costs. Any surplus is returned to the debtor.

How to Enforce a County Court Judgment

A warrant of control is just one of several ways to enforce a CCJ. The best method depends on the debtor's circumstances — whether they are employed, own property, have money in a bank account, or are a business. Here is an overview of all the main enforcement options available to you:

Warrant of Control (Form N323)

As described in this guide, a warrant of control sends county court bailiffs to collect the debt by seizing and selling the debtor's goods. It is most effective when the debtor has valuable personal property or business assets. Court fee: £77 (debts up to £5,000) or £108 (£5,000.01 to £150,000).

Attachment of Earnings Order (Form N337)

If the debtor is employed, you can apply for an attachment of earnings order. The court orders the debtor's employer to deduct a set amount from their wages each pay period and send it directly to the court, which passes it on to you. This is effective for employed debtors with a regular income but does not work if the debtor is self-employed or unemployed.

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 will need to know (or be able to identify) the bank and branch where the debtor holds an account. This is effective when you know the debtor has funds but is 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 give you immediate payment, but it means the debt must be paid when the property is sold. You can also apply for an order for sale to force the sale of the property, 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 is done using 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 financial incentives to collect, and they have wider powers including the ability to force entry to commercial premises.

What Bailiffs Can and Cannot Take

The Taking Control of Goods Regulations 2013 set out strict rules about what enforcement agents can and cannot seize. Understanding these rules helps you assess whether a warrant of control is likely to be effective 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 their work, up to a total value of £1,350
• Items belonging to someone else — goods that do not 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 for under a hire purchase or conditional sale agreement
• Guide dogs and assistance dogs
• Items in use — a bailiff cannot take clothing being worn by the debtor

What If Enforcement Fails?

Sometimes a warrant of control does not result in full payment. This can happen for several reasons:

• The debtor has no goods of sufficient value to seize
• The debtor has moved and cannot be traced at the address provided
• The debtor is genuinely unable to pay (known as being “judgment proof”)
• The debtor refuses entry and the bailiff cannot gain peaceful access

If the warrant is returned 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 choose the most effective enforcement method
• Wait and re-apply — judgments are enforceable for 6 years (and can be extended). The debtor's circumstances may change. You can apply for a fresh warrant at any time within this period

Common Mistakes to Avoid

Filing an N323 is simpler than many court forms, but these common mistakes can cause delays or problems:

• Wrong claim number — double-check the claim number against your court paperwork. An incorrect number will delay or prevent the warrant from being issued
• Incorrect balance calculation — failing to account for payments already received, or incorrectly calculating interest, can lead to the warrant being challenged
• Wrong address — if you send the bailiff to an old address where the debtor no longer lives, the warrant will be returned unexecuted. Make reasonable efforts to find the current address
• Applying too soon — while there is no mandatory waiting period, applying before the debtor has had a reasonable chance to pay (typically 14 days) may result in unnecessary costs if the debtor was about to pay
• Not paying the correct fee — submitting the wrong fee amount will delay processing. Confirm the current fee on gov.uk before filing
• Forgetting to sign the statement of truth — an unsigned form will be 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 be more effective

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 that the defendant has not paid. The form requires 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 £77 for debts up to £5,000, and £108 for debts between £5,000.01 and £150,000 (as of 2024). The fee is added to the amount the defendant owes you, so you recover it if enforcement is successful. Check gov.uk for the most current fees before filing.

Can I apply for a warrant of control online?

Yes. You can use JustClaim's N323 tool to complete and submit your warrant of control application online. The tool walks you through each field, calculates the amounts for you, and handles the submission. Alternatively, you can download the paper form from gov.uk and post it to the court.

How long does a warrant of control take?

After the court issues the warrant, the debtor receives at least 7 days' notice before the first bailiff 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 final resolution — can take anywhere from a few weeks to several months, depending on whether the debtor pays, enters into a payment arrangement, or has goods removed and sold.

Can bailiffs force entry with a warrant of control?

Not on the first visit. County court bailiffs can only enter a residential property through an unlocked door or with the debtor's permission. They cannot break down doors or force windows. However, if the bailiff has previously entered and the debtor signed a controlled goods agreement that they then broke, the bailiff may use reasonable force to re-enter and remove the listed 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 and is issued by the county court. A writ of control is enforced by High Court Enforcement Officers (HCEOs) and is issued by the High Court. For debts over £600, you can transfer your judgment to the High Court using form N293A to obtain a writ instead. HCEOs are generally considered more effective — they are private agents with stronger incentives to collect, wider powers (including forced entry to commercial premises), and often higher success rates.

How do I enforce a CCJ?

There are several methods to enforce a CCJ: (1) a warrant of control (form N323) sends bailiffs to seize goods, (2) an attachment of earnings order (form N337) deducts payments from the debtor's wages, (3) a third-party debt order (form N349) freezes and takes money from the debtor's bank account, (4) a charging order (form N379) secures the debt against the debtor's property, and (5) transferring to the High Court (form N293A) for enforcement by HCEOs. The right choice depends on the debtor's circumstances — their employment, assets, and financial situation.

What if the bailiff cannot collect the debt?

If the bailiff cannot collect — for example because the debtor has no valuable goods or has moved — the warrant is returned to the court as unsatisfied. You can then try alternative enforcement methods: an attachment of earnings order if the debtor is employed, a third-party debt order if you know their bank details, or transfer to the High Court for enforcement by HCEOs. You can also apply for an order to obtain information (form N316) to find out about the debtor's finances before choosing your next step. Judgments remain enforceable for 6 years.