When can you transfer up a judgment to the High Court for enforcement?

By David Carter on

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.

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).

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 £66 (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.

David Carter

David is the CEO of The Sheriffs Office.

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