Home/Legal Guides/Legal Guide

Asset information • judgment debtors • enforcement planning

Orders to Obtain Information from Judgment Debtors

When you have judgment but do not know what the debtor owns, the next sensible step may be information rather than blind enforcement. CPR Part 71 allows the court to require a judgment debtor — or an officer of a debtor company — to attend and provide information about means and assets.

KEY ANSWER

The position in brief

An order to obtain information can require an individual judgment debtor to attend court and answer questions about financial circumstances. Where the debtor is a company or other corporation, the court can order an officer of that organisation to attend and provide relevant information.

The purpose is to help the creditor decide which enforcement route is likely to work, such as control of goods, a third-party debt order or a charging order. The current HMCTS fee to issue the application is £69; requesting bailiff service of the attendance order carries a separate £139 fee.

Legal issues

CPR Part 71 governs the procedure. The order is an information-gathering tool rather than payment in itself. Proper service and attendance requirements matter, and failure to comply can have serious procedural consequences.

The questioning should be directed to information relevant to enforcement: assets, accounts, income, liabilities and other matters needed to choose a remedy.

Evidence that matters

Start with the sealed judgment, current balance, debtor's correct address, Companies House information for corporate debtors and any partial asset information already held.

Reasonable lines of enquiry

Consider whether public records or known transaction data already identify a clear asset. If so, a targeted enforcement application may be quicker. If the asset picture is opaque or contradictory, Part 71 can reduce wasted enforcement spend.

What happens next

The creditor asks the court for the order. The debtor or relevant company officer is required to attend and provide information and documents specified by the procedure. The information can then be used to select the next enforcement step.

Immediate steps

Collate what you already know and identify the gaps that matter: bank, property, goods, employment, receivables or company accounts. Ensure the debtor's current service details are accurate.

What should you send us?

Send the judgment, balance, debtor details, Companies House information where applicable, asset information and records of previous enforcement.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can prepare the Part 71 application, identify the information needed, advise on service and use the resulting information to design the next enforcement step.

NEXT STEP

Find the assets before choosing enforcement

Send the judgment and what you already know. We can identify the missing information and decide whether Part 71 should come before further enforcement spend.

Find the assets before choosing enforcement

FREQUENTLY ASKED QUESTIONS

Questions about this issue

Can a company director be ordered to attend?

Where the judgment debtor is a company or other corporation, the court can order an officer of the organisation to attend and provide information under the procedure.

Does the order itself recover the money?

No. It gathers information that can help the creditor choose a more effective enforcement method.

How much does an order to obtain information cost?

The current HMCTS fee to issue the application is £69. If bailiff service of the attendance order is requested, the current separate fee is £139.