What is a third party debt order (TPDO)?
What is a third party debt order (TPDO)?

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • What is a third party debt order (TPDO)?
  • What is a third party debt order (TPDO)?
  • What is the effect of a final third party debt order—immediately enforceable order to pay
  • Obtaining a hardship payment order in respect of a third party debt order
  • Third party debt order—debt owed to the judgment debtor must be certain
  • Can you obtain a third party debt order in respect of third parties abroad?
  • Third party debt orders and trust monies
  • Is there state immunity exemption from third party debt orders?

What is a third party debt order (TPDO)?

Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well established. Accordingly, case law concerning garnishee orders remains highly relevant, but will be applied, in respect of procedural matters, subject to the overriding objective for the court to deal with cases justly in accordance with CPR 1.2.

A third party debt order 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. This includes 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 his trade. It also includes in principle money held in a client account by a solicitor (see BCS Corporate Acceptances Ltd v Terry, see also News Analysis: Enforcing against funds in a solicitor’s client account (BCS Corporate Acceptances Ltd v Terry)). The court has a discretion whether to grant a third party debt order and whether they do so will be dependant on the circumstances at the time of enforcement.

The order

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