Pre-enforcement agents letter

You’ve managed to get judgment and believe that the defendant has sufficient assets to be able to clear the debt. Use our letter to send to the defendant to request them to settle up before you send in the enforcement agents (bailiffs).

Advice

Applying to the court to instruct the enforcement agents to enforce your judgment, known as a “warrant of control”, is a straightforward exercise. You will need to complete Form N323 which you can get from any county court or from the website http://www.justice.gov.uk. The cost is a nominal £35 where the amount involved is less than £125, £55 if it exceeds this amount up to a maximum figure of £5,000.

Tip

Although it’s not rocket science, don’t bother trying to send in the enforcement agents if you’re chasing a man of straw - you’ll just be throwing good money after bad.

Enforcement agents

Contrary to public opinion, enforcement agents don’t have any special powers and certainly can’t force entry. You must therefore be pretty sure that the defendant has something of value before issuing a warrant of control. Before visiting the defendant, the enforcement agents usually send out a letter to warn them that a visit’s pending unless they settle up within seven days.

Earlier warning shot

The purpose of our letter is to demonstrate that you mean business. Additionally, it warns the defendant that if they don’t pay up, the amount will increase because further costs will accrue.