You can ask an HCEO to enforce any judgment obtained in the High Court and any judgment over £600, provided it is not regulated under the Consumer Credit Act 1974 (these agreements can only be enforced in the County Court by their own bailiffs).

If the amount you are owed is £600 or less, you should apply for a Warrant of Execution from the County Court.

For judgment debts over £600 – there is no limit to the amount an HCEO can enforce – you can use the free transfer-up services offered by HCEOA members across England and Wales; it’s your choice. You either need to name the HCEO you would like to use, or you can address your Writ to the “Authorised High Court Enforcement Officers of England and Wales” and it will be assigned to an HCEO through its innovative cab rank system called NICE Sheriffs.

If you decide to issue a Writ, there is a process in which you will need to seek a 'certificate of judgment' from the County Court, which confirms the amount you are owed in your judgment.

If you want to do the paperwork yourself, you will need to request this certificate on Court Form N293a, which is a combined certificate of judgment to enforce the judgment by a Writ of ‘Fi Fa’ (Fi Fa is the name for a Writ of Execution in the High Court). You can get Form N293a from Her Majesty’s Court Service website at www.hmcs.gov.uk or from any County Court office.

If you want to take advantage of any of the free transfer-up services offered by HCEOs, then just ring the HCEO office of your choice and they will help you on what paperwork is needed. Use the section called “Members” on the left-hand side of this website to find the HCEO you want to use. Usually, all the HCEO will need is the form of judgment from the court and they will convert this into a Writ for you.

If you want to prepare the paperwork yourself, when you get form N293a, you must complete parts 1 and 3, and send these to the court where the judgment was made. If you do not complete it fully, the court may have to return it to you. You must state:

The date of judgment and the amount the order was made for, including any additional costs allowed by the court since judgment; and the total of any interest that has accrued on the judgment and, if appropriate, the daily rate.

There are notes on both sides of the form, which you need to read to ensure you have completed the form correctly.

Again, if you want any advice on how to complete the paperwork you can speak to any HCEO office, ask the court staff for assistance in either the court where the judgment was obtained, or seek advice from a solicitor, law centre or Citizens Advice Bureau. Some County Courts are also district registries of the High Court. Staff there or at the High Court in London can tell you more about High Court Enforcement Officers.

Before you decide how to go ahead, you always need to consider whether you are likely to get back the money owed and the court fee from the defendant. Remember, an HCEO cannot guarantee that you will get your money back, but he or she can ensure you have the best chance of doing so – and you will receive information about the defendant which may help you if you need to take further enforcement action.

Using the High Court for enforcement means that a fee of £50.00 has to be paid on sealing the Writ addressed to the HCEO of your choice. That fee goes to the Court Service for the administration involved in issuing the Writ.

Once that is paid, then provided you do not agree to accept payments direct from the judgment debtor, the only other fee you may have to pay is an abortive fee of around £60.00 plus VAT if the HCEO is unsuccessful in enforcing your Writ.

If you are required to pay the abortive fee, the HCEO will inform you how he or she wants to be paid. Some Officers take credit or debit cards whilst others will just invoice you. We would ask that if you are invoiced, you pay the fee promptly.

The HCEO named in the Writ will begin work on your behalf. You should ask the HCEO you have instructed on how long they intend to take to attend the address and report back to you.

If the defendant sends you any payments after the Writ has been issued, you should inform the HCEO immediately so that he or she can take care of the fees payable by the debtor as a result of these payments.

By issuing the Writ, the HCEOs are commanded to seize and sell goods in the absence of any payment by the debtor. You should check with the HCEO whom you have instructed as to his or her approach to carrying out the work.

If you gave more than one address for the debtor, the HCEO will visit each address in turn.

If the defendant has goods that can be sold, the HCEO will take the cost of taking, storing and selling the goods from the amount they raise at auction. The HCEO will send you the balance after any auction sale.

If this amount does not repay the amount you are owed, the HCEO will visit the defendant to see if there are any other goods that could be sold. If there are not, the HCEO will not be able to take any more action on the Writ.

HCEOs can only enter the defendant's home if they are allowed in by the person there. If there is nobody there, the HCEO can enter if a door is left unlocked, or through a window that is already open. HCEOs may be able to break into business premises if there is no living accommodation attached and they believe the defendant's goods are inside. They can also enter if the HCEO has previously been allowed in and is returning to the defendant's house to collect goods to be sold. Nevertheless, in these circumstances, you may be asked to promise to pay the HCEO an amount (an 'indemnity') in case the HCEO cannot collect any costs later from the defendant.

The HCEO can only take goods that belong to the defendant or are jointly owned. If the HCEO does take goods that belong to someone other than the defendant, then the HCEO can make an application to the court for a decision on whether the goods are owned by the defendant. This is known as applying for “Interpleader” relief.

HCEOs can also apply to the court for a decision on whether goods are necessary to meet the basic domestic needs of the defendant and his or her family, or whether any goods taken constitute tools of trade.

Any goods that the HCEO takes will be in his or her expert opinion likely to fetch money at auction.

HCEOs cannot take:

Items which are leased, rented or on hire purchase agreements; or

Goods which may have already been seized by any other type of bailiff or enforcement officer;

Cars purchased on hire purchase; or

Equipment which does not belong to a business. (For example, office furniture, machinery and vehicles which may be leased.)

There may be nothing belonging to a company at its registered office. If you can, give an address where the company is actually carrying on its business.

Yes, the defendant can pay a fee to the court and ask for the Writ to be “stayed” (stopped), or he or she can make an application to set judgment aside. You should be aware that these applications are often made without notice to the HCEO, who often only becomes aware of them if told by the creditor or informed by the court of any order made.

The HCEO will report to you on whether he or she has been able to locate any goods and/or collect any money. We recommend that if you have not been told anything 14 days after you issued the Writ, you contact the HCEO’s office and ask for an update.

If a Writ is unsuccessful, it is usually because:

The defendant is not at the address you gave; or

The defendant's goods are not worth enough to pay anything towards the amount you are owed, and the cost of taking and selling them at auction will outweigh the likely sale proceeds.

Please remember that if you are unsure about anything to do with the enforcement of your judgment, it is better to speak to a member of the HCEO’s office as soon as possible.