Q&As

Can a third party debt order be made against solicitors currently holding funds from the sale of a property part owned by the judgement debtor?

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Produced in partnership with Ryan Turner of Lamb Chambers
Published on LexisPSL on 24/11/2020

The following Dispute Resolution Q&A produced in partnership with Ryan Turner of Lamb Chambers provides comprehensive and up to date legal information covering:

  • Can a third party debt order be made against solicitors currently holding funds from the sale of a property part owned by the judgement debtor?

Can a third party debt order be made against solicitors currently holding funds from the sale of a property part owned by the judgement debtor?

A third party debt order (TPDO) is one of a suite of enforcement measures that a party can deploy when seeking to obtain monies from a judgment debtor.

Relevant third party debts that can be the subject of an application include money held in the judgment debtor's name in a bank or building society or money owed to a self-employed judgment debtor in the course of their trade. The court has a discretion whether to grant a TPDO and whether they do so will be dependent on the circumstances at the time of enforcement. For more information generally on this type of enforcement order, see Practice Note: What is a third party debt order (TPDO)?

The order is obtained in two stages: interim order (without notice) and final order (on notice). For guidance on how to apply for a TPDO, see Practice Note: How to apply for a third party debt order (TPDO).

TPDOs were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49

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