Q&As

Should an application for an interim third party debt order filed to enforce a judgment in default be withdrawn after the judgment debtor files an application to set aside the judgment in default?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 29/08/2019

The following Dispute Resolution Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Should an application for an interim third party debt order filed to enforce a judgment in default be withdrawn after the judgment debtor files an application to set aside the judgment in default?

Should an application for an interim third party debt order filed to enforce a judgment in default be withdrawn after the judgment debtor files an application to set aside the judgment in default?

A third party debt order (previously a garnishee order) is a remedy available to a judgment creditor to enforce judgment against a judgment debtor. The procedure is governed by CPR 72 and requires a third party, who holds monies on behalf of the judgment debtor (such as a bank or building society, but also other bodies such as solicitors), to pay a sum equivalent to the judgment debt.

Under CPR 72.4, the first stage of the process is for a court to deal with an application (which may be and usually is made ex parte to avoid monies being transferred out or encashed) without a hearing. The court may then fix a hearing to consider whether the order should be made final and may also direct that until the hearing the third party must not make any payment that reduces the amount due to the debtor to less than a specified amount. If the order is made final,

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