Third Party Debt Order
A Third Party Debt Order is an Order freezing money owed to the Debtor by another person. If the Debtor has money in a bank or building society account in excess of the amount owed that money can be frozen and paid into Court for the benefit of the Judgment Creditor.
A Third Party Debt Order is obtained by completing Form N349 and sending it to the Court together with a fee of £55.
If a Judge is satisfied with the information that you have provided he will make an interim Third Party Debt Order. A copy is sent to you and to the Third Party and 7 days later sent to the Judgment Debtor. The effect is to 'freeze' the money in the Debtor's account with the Third Party.
The Court also fixes a hearing date at which it considers whether to confirm the Third Party Debt Order, ie, to confirm whether or not the money in the bank or building society account should be paid into Court by the Third Party.
The bank or building society to whom a Third Party Debt Order is sent is entitled to deduct a fixed amount, currently £55, to cover their own expenses. The Creditor will only recover the amount of his debt if there is sufficient money in an account in the Debtor's sole name to cover both those expenses and the debt.
A Third Party Debt Order is a very good way of enforcing a County Court Judgment if you have had previous dealings with the Debtor and have details of his or her bank account.