Q&As

Where a third party debt order is obtained, but the relevant frozen bank account does not have sufficient funds to pay the whole debt, can the third party debt order be used to satisfy just a part of the judgment debt?

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Produced in partnership with James Tunley of Lamb Chambers
Published on LexisPSL on 01/05/2019

The following Dispute Resolution Q&A produced in partnership with James Tunley of Lamb Chambers provides comprehensive and up to date legal information covering:

  • Where a third party debt order is obtained, but the relevant frozen bank account does not have sufficient funds to pay the whole debt, can the third party debt order be used to satisfy just a part of the judgment debt?
  • Recovery of part of the debt
  • Disclosure from the third party

Where a third party debt order is obtained, but the relevant frozen bank account does not have sufficient funds to pay the whole debt, can the third party debt order be used to satisfy just a part of the judgment debt?

Recovery of part of the debt

A third party debt order can be used to satisfy part of a judgment debt. The judgment creditor can then consider other enforcement methods to recover the balance of the debt.

When they embark on the process of enforcement and apply for an interim third party debt order under CPR 72, the judgment creditor will not usually know whether the funds in a bank account are sufficient to satisfy the debt in full. It is only when the bank or building society is served with the interim third party debt order that the amount held in the account is

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