Q&As

In order to obtain evidence to support an application for a third party debt order under CPR 72, is a judgment creditor permitted to approach an individual third party to ascertain whether that third party owes debts to the judgment debtor and, if so, obtain documentation from that third party?

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Published on LexisPSL on 19/10/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • In order to obtain evidence to support an application for a third party debt order under CPR 72, is a judgment creditor permitted to approach an individual third party to ascertain whether that third party owes debts to the judgment debtor and, if so, obtain documentation from that third party?
  • Applying for a third party debt order
  • Obtaining information
  • How do you know whether a third party owes your debtor money?

In order to obtain evidence to support an application for a third party debt order under CPR 72, is a judgment creditor permitted to approach an individual third party to ascertain whether that third party owes debts to the judgment debtor and, if so, obtain documentation from that third party?

A third party debt order (TPDO) is a method of enforcement by which a judgment creditor may enforce a debt against money due and owing to the judgment debtor by a third party who is within the jurisdiction.

In order to apply for a TPDO, the creditor needs to know whether the debtor owed money from a third party. This information and the timing when it is obtained is crucial to the success of the application because the creditor has to supply evidence to the court in support of their belief that the third party is indebted to the debtor.

A third party's liability to the debtor must be certain, therefore the creditor needs to be proactive and obtain as much information as possible. We are however, not aware of any guidance as to whether a creditor can approach a third party directly for information.

Applying for a third party debt order

Applying for a TPDO is a two-stage process. First, the creditor needs to apply for an interim TPDO. There will then be a hearing to determine whether

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