If You Win in Court, Why Haven’t You Been Paid?

Key Points

• A court judgment confirms that the other side owes you money, but it does not collect that money for you. Enforcement is a separate step that you must take.
• Before choosing a method, check what the debtor actually owns. Pursuing the wrong route wastes time and costs money.
• If a debtor will not reveal their assets, you can apply under CPR Part 71 for a court order requiring them to attend and answer questions on oath.
• There are several enforcement routes available in England and Wales, from instructing a High Court Enforcement Officer to issuing a winding-up petition. Each suits a different type of asset.
• Getting legal advice before starting enforcement can save money and reduce the risk of pursuing a route that leads nowhere.

A court judgment is a legal order confirming that the other side owes you money. It is not a payment. Once the court has ruled in your favour, the responsibility for collecting what you are owed passes back to you, and that requires a separate enforcement process.

Many businesses and individuals are surprised by this. They have gone through the time and expense of litigation, secured a judgment, and then found that the debtor simply does not pay. Under the rules in England and Wales, a creditor has a range of enforcement tools available, but choosing the right one depends on what the debtor owns and where those assets are held.

The courts take non-payment seriously. A debtor who ignores a judgment does not walk away free. They face escalating legal consequences, up to and including the seizure of their assets, the charging of their property, or the winding up of their company.

Why Debtors Do Not Pay After Judgment

Some debtors delay paying because they are genuinely short of money. Others do so tactically, hoping the creditor will lose interest or run out of funds to pursue the matter—a small number attempt to hide or move assets out of reach.

Whatever the reason, the law does not require you to accept non-payment. You generally have at least 14 days from the date of judgment before enforcement can begin, except for charging orders, which can be applied for immediately. After that period, you can take steps to compel payment.

Before choosing an enforcement method, check what the debtor actually owns. You can search the Register of Judgments, Orders and Fines to see whether other creditors have already obtained judgments against the same debtor. Companies House and HM Land Registry searches can reveal whether a company or individual owns property. The Government’s guidance in EX321 sets out the options available once you hold an unpaid judgment.

Finding Out What the Debtor Owns

If the debtor will not tell you what assets they have, you can apply to the court under CPR Part 71 for an order requiring them to attend court and answer questions on oath. This procedure, known as an order to obtain information, requires the debtor to disclose their income, savings, property, and any money owed to them by third parties. They must also produce documents.

Failure to attend, or refusal to answer once there, is treated as contempt of court. In a series of decisions in Njord Partners SMA-Seal LP and others v Astir Maritime Ltd and others, the Commercial Court confirmed that a CPR Part 71 examination can take place remotely by video link, including where the debtor is located abroad. A debtor already subject to the jurisdiction of the English courts cannot avoid scrutiny simply by relocating.

Enforcement Explained

Once you know what the debtor owns, you can select the most appropriate enforcement route. The main options in England and Wales are as follows.

Writs and warrants of control authorise an enforcement agent to attend the debtor’s premises and seize goods. In the High Court, this is done by a High Court Enforcement Officer. In the County Court, it is a county court bailiff. The goods are then sold to raise funds to meet the debt. This method works best when the debtor has valuable physical assets, such as machinery, vehicles, or stock.

A charging order places a charge over the debtor’s property or other assets, such as investments or securities. It does not produce immediate payment. Instead, when the property is sold, the debt must be paid from the proceeds before the owner receives anything. A creditor can apply for an order for sale if the debtor continues to refuse payment and there is sufficient equity in the property to make that worthwhile.

A third-party debt order targets money held by a third party on behalf of the debtor, most commonly a bank account. The court first makes an interim order freezing the relevant funds. If the order is made final at a hearing, the bank or other third party pays the money directly to the creditor. This method requires you to know where the debtor banks, and it works only if there are funds in the account when the order is served.

An attachment of earnings order is available where the debtor is an individual in employment. The court directs the employer to deduct a set amount from the debtor’s salary each pay period and send it directly to the creditor until the debt is cleared. This is a reliable but sometimes slow route, and it does not apply to self-employed individuals.

Insolvency proceedings carry real force. A creditor owed more than £750 by a company can present a winding-up petition under sections 122 and 123 of the Insolvency Act 1986. For an individual debtor, the threshold for a bankruptcy petition is £5,000. Once advertised in the London Gazette, a winding-up petition causes most banks to freeze the company’s accounts immediately, which puts significant pressure on the debtor to pay. This route should not be used for disputed debts.

Practical Guidance for Creditors

Choosing the wrong enforcement method can cost more than it recovers. A few straightforward steps help to avoid this.

• Do not assume the most aggressive route is the fastest. A winding-up petition is powerful but expensive to bring and can destroy the debtor’s business. That may not serve your interests if you have an ongoing commercial relationship or if the debtor’s insolvency would mean you recover less than expected.
• Consider combining methods. A charging order and a third-party debt order can run concurrently. No rule requires you to try one before the other.
• Check limitation periods. You generally have six years from the date of judgment to take enforcement action without the court’s permission. After that, you need leave to proceed.
• Keep records of your attempts. Courts look at the conduct of both parties. Demonstrating that you gave the debtor a reasonable opportunity to pay before enforcing will reflect well on your position if any dispute arises about costs.

Smalleys’ debt recovery solicitors and civil litigation team can advise on which enforcement method suits your circumstances and help you avoid steps that may be costly but ultimately fruitless.

Recent Developments Worth Knowing

The Arbitration Act 2025 received Royal Assent on 24^th February 2025 and came into force on 1 August 2025. For parties enforcing arbitration awards rather than court judgments, the Act introduces new powers for emergency arbitrators and a summary disposal procedure for claims with no real prospect of success. The substantive enforcement routes remain the same, but the 2025 Act has strengthened the procedural tools available to parties in arbitral proceedings.

In February 2026, the High Court in [2026] EWHC 242 (Comm) confirmed that Chinese creditors can enforce judgments of Chinese courts in England and Wales under the common law regime, even without a reciprocal enforcement treaty between the two countries. The court held that a Chinese judgment for a fixed sum of money, given by a court with competent jurisdiction, can be converted into an English judgment and enforced against assets here. This is relevant to any creditor holding a foreign money judgment who needs to pursue a debtor with assets in this jurisdiction.

Post-Brexit enforcement has continued to create difficulties for parties holding EU court judgments. For proceedings started after 31^st December 2020, EU judgments no longer receive automatic recognition in England and Wales. Creditors must now rely on the Hague Convention where an exclusive jurisdiction clause exists, or bring fresh proceedings in the English courts under the common law regime. This adds time and cost, and it is something to consider when drafting jurisdiction clauses in contracts with European counterparties.

Frequently Asked Questions

How long do I have to enforce a court judgment?

You generally have six years from the date of judgment to enforce without needing the court’s permission. After six years, you must apply for leave to proceed, and the court will consider whether to allow enforcement at that stage. If the debtor’s financial position may change, acting promptly is advisable.

Can I enforce against a debtor who has moved abroad?

Yes, within limits. If the debtor has assets in England and Wales, those can be targeted through domestic enforcement methods regardless of where the debtor lives. You may also be able to pursue enforcement in the country where the debtor is based, depending on whether a treaty or convention applies between the two jurisdictions.

What if the debtor genuinely has no assets?

Where a debtor has no assets at all, enforcement is not currently possible, and you may have to wait and monitor the position. If their circumstances change, such as inheriting property or resuming trading, you can resume enforcement. A charging order can be registered against property that the debtor acquires after judgment.

Does interest continue to run after judgment?

Yes. Interest runs on an unpaid judgment at the rate set by section 17 of the Judgments Act 1838, which is currently 8% per annum for County Court and High Court judgments. This rate applies regardless of what the original contract said. The longer a debtor delays payment, the more they owe.

When should I consider insolvency proceedings?

Insolvency proceedings are a last resort, but they carry immediate practical force once issued. Smalleys’ insolvency disputes team can advise on whether a winding-up petition or bankruptcy petition is appropriate in your case, given the debtor’s likely assets, the risk of a disputed debt challenge, and the costs involved. Courts will dismiss a petition where the debt is genuinely disputed on substantial grounds.

If you have obtained a judgment and need help enforcing it, or if you are facing enforcement action and want to understand your options, please call 0115 955 6555 or fill in our contact form.