Sourcing seller won't pay a court judgment: what next?
Check what the judgment debtor actually owns before spending more on enforcement. Match the application to available goods, bank money, property or an individual's wages, and use HMCTS guidance to apply. Recovery is not guaranteed. Cambridge China Bridge sources products with its own staff in China.
Start with the judgment and the named debtor
This guide concerns an unpaid County Court money judgment in England or Wales. The court does not enforce it automatically: you must ask. Put the judgment, claim number, payment terms and payments received together, and calculate the unpaid balance before choosing an application.
Compare the debtor's name on the judgment with your invoice and contract. Keep trading names and company names distinct in your working file. Our guide to who you contract with explains the sourcing roles; complaints and court claims covers the earlier dispute stage.
Assess assets before paying another fee
Make an asset file from information you already hold: the seller's payment account, trading premises, stock locations, equipment and property leads. Record the evidence, ownership uncertainty and likely saleability of each item. A warehouse full of goods is a lead to investigate, not a recovery forecast. Compare plausible proceeds with the cost of pursuing them.
If the financial picture is unclear, ask the court about an order to obtain information. For a company debtor, you can ask for a company officer to attend and provide account details. This gathers information rather than collecting the debt. If insolvency appears likely, take advice before spending further and read seller insolvency and unfinished orders.
Match enforcement to an identified asset
Choose the method for the asset you can identify, rather than applying for whichever sounds strongest. For company debts, focus on company goods, accounts and property. Attachment of earnings is unavailable against a firm or limited company.
| Asset lead | Possible method | Practical check |
|---|---|---|
| Saleable goods | Warrant of control | Confirm ownership, location and likely auction proceeds after costs. |
| Money in the debtor's bank account | Third-party debt order | Identify the bank and account holder; an old payment receipt does not establish today's balance. |
| Land or property | Charging order | Investigate ownership and existing borrowing; this is not immediate cash recovery. |
| An individual debtor's wages | Attachment of earnings | Check employment; this is not a method against a firm or limited company. |
Use HMCTS guidance for the application
Use the HMCTS guidance titled “Enforce a judgment” and its linked guidance for your chosen method. For goods enforcement, check the applicable court and amount limits before applying. High Court enforcement uses a writ of control and has a different procedure; get advice before transferring a judgment. Ask your adviser to confirm eligibility and the complete cost.
Give a useful trading address for goods enforcement: a registered office may contain nothing belonging to the debtor. Enforcement agents may only take goods belonging to the debtor or jointly owned. Do not describe leased equipment or customer stock as the seller's assets without evidence.
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Track recovery and know when to reassess
Enforcement involves court fees and does not guarantee recovery. Keep a ledger of applications, fees, reports and payments. For a warrant of control, tell the court immediately if the debtor pays after you submit the application. If an attempt fails, review what the report tells you about assets before funding another method.
A charging order does not itself produce immediate payment; a separate application to force a sale may be possible in some circumstances. If you are told an individual debtor has Breathing Space protection, you cannot enforce during that protection. Obtain advice on the notice and what to tell the court before continuing.
Frequently asked questions
Does the court collect my judgment automatically?
No. You must ask for enforcement. First assess the debtor's assets and whether likely recovery justifies another court fee.
Can bailiffs take stock at the seller's warehouse?
Potentially, through goods enforcement. Ownership matters: agents may only take the debtor's goods or jointly owned goods. Give evidence of ownership and location.
Can I use attachment of earnings against a company?
No. HMCTS excludes firms and limited companies. Consider identifiable company goods, bank money or property instead.
What if I do not know whether the seller has assets?
Ask about an order to obtain information. A company officer can be required to provide account details. The information helps you choose enforcement; it does not collect payment.