When can you transfer a judgment to the High Court for enforcement?
by David Carter on 25 May 2010
High Court Enforcement Officers (HCEOs) have more powers that Country Court Bailiffs and generally have a stronger enforcement rate (see our article on High Court vs County Court for more information).
The goods news for creditors is that judgments of just £600 and over may be transferred to the High Court for enforcement, allowing creditors the option to choose an HCEO.
Even better news, is that the £600 minimum includes court fees (variable according to the value of the debt) already incurred. For a court fee of £60 (transfer up fee) the HCEO will obtain the writ and, if the execution of the writ is successful, the HCEO can recover the judgment debt, all court fees (including the transfer fee), interest and enforcement costs from the judgment debtor.
This applies to the vast majority of judgments, the exception being where it is a judgment arising from a regulated agreement under the Consumer Credit Act. Currently, these may not be transferred to the High Court for enforcement by an HCEO.
As soon as you have the judgment, you can transfer up using Form N293A. With the current economic climate, I would recommend taking action to obtain a judgment immediately you have gone through the various stages of your credit management process without success.
Current royal residences and persons with diplomatic immunity are also exempt from execution of a writ.
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Disclaimer: The statements and opinions expressed in this article are those of the author and do not necessarily reflect those of Sheriffs High Court Enforcement Ltd, trading as The Sheriffs Office. Sheriffs High Court Enforcement Ltd does not take any responsibility for the views of the author. The author will not be held responsible for any comments posted by visitors to this site. Please note that this article does not constitute legal advice. The author has used his best endeavours to make this article as accurate and complete as possible, but requests that the reader be aware that the law of England and Wales frequently changes. The author strongly advises the reader to take legal advice before embarking on any enforcement action.
