Form N323 Warrant of Control: How to Apply for a County Court Bailiff

The debtor has not paid your CCJ and you want the court to send someone to collect. Form N323 is the application for a Warrant of Control — the document that authorises County Court Bailiffs to attend the debtor's premises and take control of goods. Here is how to apply, what it costs and what happens after you file.

What a Warrant of Control does

A Warrant of Control authorises County Court Bailiffs — salaried HMCTS civil servants — to visit the debtor's address, demand payment and, if the debtor does not pay, take control of the debtor's goods. "Taking control" means either entering a Controlled Goods Agreement (the debtor keeps the goods but agrees not to dispose of them while paying by instalments) or physically removing goods for sale at auction.

The warrant operates under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 and the Taking Control of Goods Regulations 2013.

When you can apply

You can file for a Warrant of Control immediately once the debtor defaults on payment — there is no mandatory waiting period after the 14-day payment window under CPR Rule 40.11 expires. The warrant issues without the court's prior leave, provided the judgment is less than six years old.

Before filing, verify that no stay of execution is in place and that the debtor has not entered Breathing Space, bankruptcy, a Debt Relief Order or an Individual Voluntary Arrangement — all of which block enforcement.

How to apply

1. Download Form N323 from the HMCTS form finder on GOV.UK.

2. Complete the form. You need the claim number, the court where judgment was entered, the debtor's name and current address, and the amount owed (including any costs, interest and payments already received).

3. Pay the fee. The court fee is £96 (EX50 Fee 8.1). This is added to the judgment debt, so if enforcement succeeds, the debtor reimburses it.

4. File at the correct court. For claims issued through MCOL or OCMC, file at the Civil National Business Centre (CNBC) in Northampton. For claims issued at a local County Court, file at that court or the CNBC.

5. Wait for the bailiff. The court schedules the bailiff visit. Wait times vary — the bailiff service covers a wide geographic area with limited staff, so it may take weeks before the first attendance.

The fee structure

The £96 court fee and the £79 initial compliance-stage fee are your upfront costs. Both are added to the judgment debt and recoverable from the debtor if enforcement succeeds. The statutory stage fees are:

• Compliance stage (£79): Charged when the warrant is received and a Notice of Enforcement is sent to the debtor. The debtor gets at least seven clear days to pay.
• Enforcement stage (£247 plus 7.5% on debt over £1,900): Charged when the bailiff first attends the premises.
• Sale stage (£116 plus 7.5% on debt over £1,900): Charged when goods are removed and prepared for auction.

All stage fees are added to the debt and collected from the debtor. If the bailiff cannot collect — the debtor has no goods, is not at the address, or the property is empty — the £96 court fee and any unrecovered enforcement fees, including the £79 compliance fee, are the creditor's loss.

What to expect after filing

The bailiff sends the debtor a Notice of Enforcement first. Many debtors pay at this stage. If payment is not made within the notice period, the bailiff attends between 06:00 and 21:00 on any day.

At a residential address, the bailiff cannot force entry on a first visit. If nobody answers or the door is locked, the bailiff records the visit and may try again. On commercial premises, the rules are slightly broader.

If the bailiff finds the debtor has no goods worth seizing (essential household items, tools of the trade up to £1,350, medical equipment and third-party property are all exempt), the warrant is returned marked "no goods found." At that point, you need to consider a different enforcement method.

When a Warrant of Control is not the best option

A warrant works best when the debtor has physical assets at a known address. It is less effective when the debtor is employed with a regular salary (try attachment of earnings), holds money in a known bank account (try a third-party debt order), or owns property (try a charging order).

For debts of £600 or more, consider transferring to the High Court for enforcement by an HCEO instead — they attend faster and have higher recovery rates.

The CCJ enforcement guide walks through all six enforcement routes and includes the Enforcement Method Decision Matrix for choosing the one that fits your debtor's circumstances.

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