Suspending a warrant of control

Yes, you can apply to suspend a warrant of control, and this is one of the most important practical tools available to a judgment debtor facing enforcement by bailiffs (now formally called enforcement agents).

Legal basis:

The power to suspend a warrant of control is found in section 85(2) of the County Courts Act 1984. This allows the court to stay or suspend execution of a warrant of control, or attach conditions to it, including a condition that the judgment debtor pays the debt by instalments. The court has a broad discretion when deciding whether to grant the application.

How to apply:

1. You apply on Form N245, which is the standard form for an application to vary a judgment or suspend a warrant.
2. You must complete the financial statement section of the form, setting out your income, expenditure, debts, and dependants in detail.
3. There is a court fee, currently £14, though you may be eligible for fee remission (known as Help with Fees) if your income is low enough.
4. You should file the application as quickly as possible, ideally before the enforcement agent attends your property, though it can still be made after a visit.

What the court considers:

The court will look at whether you have made a reasonable offer of payment by instalments, whether you have been honest and realistic about your financial position, and whether the proposed repayment plan is sustainable. The court wants to balance the creditor's right to enforce the judgment against your ability to pay.

Practical points:

Once you file the N245 application, the warrant is not automatically suspended. However, in practice many courts will place the warrant on hold pending the hearing or consideration of the application. It is worth contacting the court to confirm this has happened, and also notifying the enforcement agent or their firm that an application has been filed. You can do this by sending them a copy of the stamped application.

If the enforcement agent has already visited and taken control of goods (by entering into a controlled goods agreement, for example), the application to suspend becomes even more urgent because the enforcement agent may be entitled to return and remove goods after a set period.

If the court grants the suspension, it will usually be on condition that you pay a set amount each week or month. If you keep up with those payments, the warrant remains suspended and the enforcement agent cannot take further action. If you fall behind, the creditor can ask the court to re-issue or lift the suspension, and enforcement can resume.

Important timing point:

There is no strict deadline for making this application, but the sooner you act the better. If goods have already been removed and sold, there is very little the court can do to reverse that. If the enforcement agent has not yet attended, or has attended but not yet removed goods, you still have a realistic window to stop the process.

Alternative options to consider alongside or instead of this:

1. If you genuinely cannot afford any repayments at all, you can still apply on the N245 offering a nominal amount such as £1 per month and explaining your circumstances. The court can accept this.
2. If the original judgment was entered in default and you have a genuine defence to the claim, you may want to apply to set aside the judgment under CPR Part 13 instead, which would cancel the judgment entirely if successful.
3. If you are in serious financial difficulty across multiple debts, it may be worth looking into a debt relief order, an individual voluntary arrangement, or bankruptcy, all of which can halt enforcement across the board.
4. If the enforcement agent has behaved improperly, for example by forcing entry to a residential property on a first visit (which is not permitted for most county court warrants), you may have separate grounds to complain or challenge their actions.

In short, applying to suspend a warrant of control is a well-established and effective route, provided you act promptly and present an honest picture of your finances.