What Happens If You Win a Small Claim but the Defendant Doesn't Pay?
Winning a small claims judgment is only the first step. If the defendant doesn't pay, you need to enforce the judgment — a separate legal process with several options.
Quick Answer
If the defendant does not pay a small claims court judgment, you must take separate enforcement action. Options include: instructing county court bailiffs to seize goods; obtaining an attachment of earnings order (if employed); applying for a third party debt order (to freeze bank accounts); or obtaining a charging order against property. You may also transfer the judgment to the High Court for enforcement by HCEOs.
Full Explanation
Obtaining a county court judgment is unfortunately not the end of the process if the defendant chooses not to pay voluntarily. Enforcement requires a separate application and the process depends on the defendant's financial circumstances — in particular, whether they have employment, savings, property, or other assets.
Before choosing an enforcement method, it is worth obtaining information about the defendant's financial position. You can apply for an 'order to obtain information' (Form N316), which requires the defendant to attend court and answer questions about their finances under oath. This hearing is free and can be very useful in identifying the most effective enforcement method.
The main enforcement options are: county court bailiffs (also called 'civil enforcement agents') who can attend the defendant's home or business to seize and sell goods (apply using Form N323); an attachment of earnings order (Form N337), which directs the defendant's employer to deduct money from their wages; a third party debt order (Form N349), which freezes money in the defendant's bank account and redirects it to you; a charging order against property (Form N379), which secures the debt against the defendant's home or land; and, for judgments over £600, transferring to the High Court for enforcement by HCEOs who have greater powers.
In reality, enforcement against a defendant who has no money or assets may be fruitless. If the defendant is genuinely unable to pay, you may need to accept a payment by instalments. If the defendant is insolvent, you may need to register your claim in any insolvency proceedings.
Court fees are payable for most enforcement applications, but many can be added to the judgment debt and recovered from the defendant if enforcement is successful.
Legal Basis
- §Civil Procedure Rules, Part 70–74 (enforcement of judgments)
- §Tribunals, Courts and Enforcement Act 2007 (taking control of goods)
- §Attachment of Earnings Act 1971
- §Charging Orders Act 1979
What To Do
Wait for the Payment Deadline
Allow the time given in the judgment for the defendant to pay (usually 14 or 28 days from the judgment date). If the defendant does not pay, you can apply for enforcement after the deadline passes.
Apply for an Order to Obtain Information
If you don't know the defendant's financial circumstances, apply using Form N316 for an Order to Obtain Information. The defendant must attend court and answer questions about income, savings, and assets under oath.
Choose the Most Appropriate Enforcement Method
Based on what you know about the defendant's finances: use an attachment of earnings if employed; a third party debt order if they have a bank account with sufficient funds; county court bailiffs or HCEO if they have goods of value; or a charging order if they own property.
Apply for the Enforcement Order
Complete the relevant form and pay the court fee. The court will process your application and notify the defendant. For bailiffs, the court will instruct them; for attachment of earnings, the court will notify the employer.
Consider Transferring to the High Court
For judgments over £600, consider transferring enforcement to the High Court (Form N293A). High Court Enforcement Officers (HCEOs) often have better recovery rates and have the right to enter premises that county court bailiffs cannot.
Important Warnings
Enforcement against a defendant with no assets is futile — you will incur additional court fees without recovering anything. Assess the defendant's financial position before applying.
Attachment of earnings cannot be used against a self-employed person — you would need alternative enforcement for self-employed defendants.
If the defendant applies to pay by instalments, the court may grant this — you would then receive regular payments but cannot use other enforcement methods while they comply.