Warrant of Control Guide

A warrant of control is one of the most common ways to enforce a county court judgment (CCJ) in England and Wales. If someone owes you money and a court has ordered them to pay but they have not done so, a warrant of control authorises county court bailiffs to visit the debtor, take control of their goods, and sell them at auction to recover the debt.

Equally, if you have received a notice of issue of warrant of control, it means a creditor has asked the court to send bailiffs to your address. This guide explains the process from both sides — what to expect, what your rights are, and what options you have.

For Claimants: Applying for a Warrant of Control

When Can You Apply?

You can apply for a warrant of control once you have a county court judgment and the defendant has failed to pay. There is no minimum waiting period after judgment, but in practice most claimants allow a reasonable time for the defendant to arrange payment — typically 14 days. If the judgment ordered payment by a specific date or in instalments and the defendant has defaulted, you can apply immediately after the missed payment.

How to Apply — Form N323

To apply, you complete form N323 (Request for Warrant of Control) and submit it to the county court that issued your judgment. You will need to provide:

• The claim number and court details
• The judgment amount, including any interest accrued
• Details of any payments already received from the defendant
• The balance still owed

What Happens After You Apply

Once the court issues the warrant, it is passed to the county court bailiff service. The process typically follows these steps:

• Notice to the debtor — the bailiff sends a notice of enforcement giving the debtor at least 7 clear days to pay before visiting
• First visit — the bailiff attends the debtor's address. If the debtor is in, the bailiff will ask for payment in full. If the debtor cannot pay, the bailiff may take control of goods by listing them in a controlled goods agreement
• Controlled goods agreement — this is an agreement where the debtor keeps possession of the goods but agrees not to sell or dispose of them. The debtor is given time to pay (usually 7 days)
• Removal and sale — if the debtor does not pay or breaches the controlled goods agreement, the bailiff can return to remove the goods and sell them at auction

What Bailiffs Can and Cannot Take

The Taking Control of Goods Regulations 2013 set out clear rules about what county court bailiffs can seize:

What If Enforcement Is Not Successful?

If the bailiff visits and there are no goods of sufficient value to seize, or the debtor cannot be found, the warrant may be returned to the court marked as unsuccessful. In that case, you may want to consider alternative enforcement methods:

• Attachment of earnings order — deductions taken directly from the debtor's wages
• Third party debt order — freezing money in the debtor's bank account
• Charging order — securing the debt against the debtor's property
• Transfer to the High Court — for debts over £600, you can transfer the judgment to the High Court for enforcement by High Court Enforcement Officers, who generally have stronger powers

For Defendants: You Have Received a Warrant of Control

What the Notice Means

If you have received a notice of issue of warrant of control, it means that someone you owe money to (the creditor) has asked the court to send bailiffs to your address to collect the debt. This happens because a county court judgment was made against you and you have not paid the amount owed, or you have fallen behind on agreed payments.

Receiving this notice can be alarming, but you have rights and you have options. The situation is not as frightening as it may seem, particularly because county court bailiffs have limited powers compared to High Court enforcement agents.

Can Bailiffs Force Entry?

However, if a bailiff has previously been let in and entered into a controlled goods agreement, they do have the right to re-enter to remove those specific goods if you breach the agreement. Even then, they can only use reasonable force to enter through a door — they cannot cause damage to windows or other parts of the property.

Your Options When You Receive a Warrant

You are not powerless. Here are the steps you can take:

• Pay the debt in full — if you can afford it, paying the full amount including the court fee and bailiff costs will stop the enforcement immediately. Contact the bailiff or the court to arrange payment
• Contact the bailiff to arrange payment — bailiffs are often willing to accept a reasonable payment plan rather than seize goods. If you can offer a lump sum or regular payments, call them before they visit
• Apply to vary the judgment (form N245) — if the original judgment ordered you to pay in full or in instalments you cannot afford, you can apply to the court to reduce the monthly payments to an amount based on your income and essential expenditure. The court fee for an N245 application is currently £14
• Apply to suspend the warrant — you can ask the court to suspend (pause) the warrant of control on the condition that you make regular payments. If the court agrees, the bailiff will not visit as long as you keep up with the payments
• Apply to set aside the judgment (form N244) — if you never received the original court claim, or you have a genuine defence that you were not able to present, you can apply to set aside the CCJ entirely. The court fee is £313 (with hearing), and you will need to show a good reason why you did not respond to the claim and that you have a real prospect of successfully defending it

Negotiating a Payment Plan

Even after a warrant has been issued, you can still negotiate. Many bailiffs prefer to agree a payment plan rather than go through the process of seizing and selling goods, which is time-consuming and often yields less than the full debt. When contacting the bailiff:

• Be honest about your financial situation
• Offer what you can genuinely afford — do not agree to amounts you cannot sustain
• Get any agreement in writing
• Keep records of all payments you make

What If You Dispute the Debt?

If you believe the original judgment was wrong — for example, you were never served with the court claim, the debt has already been paid, or you have a valid defence — you should apply to set aside the judgment using form N244. If the court sets aside the judgment, the warrant of control is automatically cancelled.

You can also apply for a stay of enforcement (a temporary pause) while your set-aside application is being considered. This prevents the bailiff from visiting while the court decides whether to reopen the case.

Key Timelines

• 7 days — minimum notice period before a bailiff can visit after sending the notice of enforcement
• 12 months — how long a warrant of control remains in force before it expires
• 7 days — typical period given under a controlled goods agreement before goods can be removed
• 6 years — the limitation period for enforcing a CCJ (after 6 years you need the court's permission)

Costs Summary

• £94 — court fee for a warrant of control
• £75 — compliance stage fee added to the debt once the notice of enforcement is sent
• £235 — enforcement stage fee added if the bailiff attends and takes control of goods
• £110 — sale stage fee added if goods are removed for auction
• £14 — fee to apply to vary a judgment (form N245)
• £313 — fee to apply to set aside a judgment (form N244, with hearing)