Third party debt order
Produced in partnership with David Salter of Deputy High Court judge and Recorder

The following Family practice note produced in partnership with David Salter of Deputy High Court judge and Recorder provides comprehensive and up to date legal information covering:

  • Third party debt order
  • Debts capable of enforcement
  • Drawbacks of third party debt orders
  • Procedure
  • Applying for an interim order
  • Application
  • Order
  • Serving the interim order
  • Who effects service
  • Serving on a partnership
  • More...

Third party debt order

A third party debt order is a method of enforcement by which a creditor may enforce a debt against money owed to the debtor by a third party who is within the jurisdiction. Most often, this will be money held in the debtor's name in a bank or building society, or money owed to a self-employed debtor in the course of their trade. The court has discretion as to whether to grant a third party debt order that will depend on the circumstances at the time of enforcement. The order is obtained in two stages: an interim order (without notice) and a final order (on notice).

However, a final third party debt order may be made immediately in certain circumstances, for example, where the account is already subject to a freezing order.

Standard order interim and final third party debt orders have been issued as part of the standard orders project initiated by the President of the Family Division, see Practice Note: Standard orders—enforcement, orders 4.16 and 4.17.

Third party debt orders under the Civil Procedure Rules 1998 (CPR), SI 1998/3132, Pt 72 were introduced into family proceedings by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 33.24 with modifications. They replaced garnishee orders, but evolved from them. Therefore, case law relating to garnishee orders is likely still to be relevant, subject to

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