The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
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. 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 is obtained in two stages: interim order (without notice) and final order (on notice). For guidance on how to apply for a TPDO, see Practice Note: How to apply for a third party debt order (TPDO).
It should be noted
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