How to Stop Bailiffs After a CCJ: Stay of Execution and Warrant of Control

Filing the Application Does Not Stop Enforcement

This catches many defendants off guard. You file Form N244 to set aside a default CCJ, pay the fee, and assume enforcement is paused while the court considers your application. It is not.

Filing a set-aside application under CPR Part 13 does not automatically stay active enforcement. County court bailiffs can continue to execute a warrant of control. High Court Enforcement Officers (HCEOs) acting under a writ of control can still attend your property. An attachment of earnings order keeps deducting from your wages. A charging order remains registered against your property.

To stop enforcement, you need a separate order from the court: a stay of execution.

How to Request a Stay

The most efficient approach is to include the stay request in your Form N244 application. In Section 2 (the order you are asking for), add words along the lines of: "An order staying all enforcement of the judgment entered on [date] pending determination of this application."

This asks the judge to halt enforcement as part of the set-aside hearing. If the court lists the hearing quickly, this may be sufficient.

If enforcement is imminent — a bailiff has given notice of attendance, or an HCEO has already made a compliance visit — you may need to apply for an urgent interim stay before the set-aside hearing itself. This can be done on an urgent without-notice basis, though the court may direct a short-notice hearing so the claimant can be heard.

Warrants of Control Already Issued

If the claimant has already obtained a warrant of control (the county court bailiff enforcement method) or transferred the judgment to the High Court for a writ of control (via Form N293A), a stay of execution suspends the warrant or writ.

You can apply to suspend a warrant of control using Form N245, which costs £16 under the EX50 fee schedule. Alternatively, you can include the suspension request in your N244 application if you are filing both at the same time.

Once a stay is granted, the bailiff or HCEO must stop enforcement. But the stay only lasts for as long as the court orders it — typically until the set-aside hearing is determined. If the set-aside application fails, enforcement resumes.

Attachment of Earnings and Charging Orders

An attachment of earnings order directs your employer to deduct a set amount from your wages and pay it to the court. A stay of the judgment suspends the deductions, though the order itself remains in place until the case is resolved.

A charging order secures the judgment debt against your property (similar to a second mortgage). A stay prevents the claimant from applying for an order for sale, but the charge itself is not removed until the judgment is set aside or the debt is paid.

What If the Bailiff Is Already at Your Door

For an ordinary County Court judgment, an enforcement agent generally cannot force entry into a home on a first visit. Different powers can apply under a specific court-authorised warrant or when re-entering after a controlled-goods agreement. A pending Form N244 application does not itself stay enforcement.

Tell them you have applied to set aside the judgment and requested a stay. A filed N244 or court reference number does not itself pause enforcement; only a court order can grant a formal stay. Contact the claimant or enforcement office to confirm whether they have separately suspended action.

If enforcement is imminent and you have not already applied for a stay, file the application with the court immediately and ask for urgent consideration.

The Setting Aside a CCJ Guide explains how to draft the stay request on Form N244, what to do if enforcement has already started, and how to handle bailiff visits while your application is pending.

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