Q&As

In relation to a judgment debt owed by an individual (who happens to be a partner in a partnership), can you obtain a third party debt order against a sum of money owed to the partnership?

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Published on LexisPSL on 04/01/2019

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

  • In relation to a judgment debt owed by an individual (who happens to be a partner in a partnership), can you obtain a third party debt order against a sum of money owed to the partnership?
  • What is a third party debt order (TPDO)?
  • What are the conditions in order to get a TPDO?
  • What are the peculiarities in relation to partnerships?
  • Debts owed by partnership
  • Debts owed to partnership

In relation to a judgment debt owed by an individual (who happens to be a partner in a partnership), can you obtain a third party debt order against a sum of money owed to the partnership?

What is a third party debt order (TPDO)?

Third party debt orders (TPDOs) (previously known as garnishee orders) are a means of intercepting a payment due from a third party owed to the judgment debtor, but redirected to be paid by the third party direct to the judgment creditor to satisfy the judgment debt.

For further information, see Practice Note: What is a third party debt order (TPDO)?

What are the conditions in order to get a TPDO?

This method of enforcement is subject to the court's discretion and the circumstances at the time of enforcement. The orders are not effective against insolvent third party debtors. TPDO are governed by CPR 72.

What are the peculiarities in relation to partnerships?

An application for a TPDO can

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