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Third-party debt orders • bank funds • judgment enforcement

Third-Party Debt Orders for Business Debts

A third-party debt order can intercept money owed to a judgment debtor by someone else, commonly funds held in a bank or building society account. It is a targeted remedy: useful where the creditor has credible information about the right third party and poor value where the application is speculative.

KEY ANSWER

The position in brief

A third-party debt order is a court order that can freeze money which a third party would otherwise pay to the judgment debtor. Banks and building societies are common targets, but the procedure can also apply to another person or organisation that owes money to the debtor.

The court ordinarily makes an interim order first. If the legal requirements are satisfied, the matter proceeds toward a final order directing payment to the judgment creditor. The current HMCTS application fee is £139 for each party against whom the order is requested.

Legal issues

The creditor needs an enforceable judgment and must identify a debt due from the third party to the judgment debtor. Timing matters because the order operates against money caught by the procedure at the relevant point.

CPR Part 72 governs third-party debt orders. Where a bank or building society is served, specific duties apply concerning identification of accounts. The process is not designed as a fishing expedition where there is no proper basis for believing the third party holds or owes money.

Evidence that matters

Useful material includes the sealed judgment, current balance, debtor identity, bank details from previous payments, account information disclosed in litigation, invoices showing customers owe the debtor, or other reliable evidence identifying a third-party debt.

Reasonable lines of enquiry

Check whether the account or receivable is likely still to exist, whether it is held in the debtor's exact legal name and whether competing claims or insolvency may affect recovery.

What happens next

An application is made for an interim third-party debt order. The order is served on the third party and debtor, freezing the relevant debt or funds within the scope of the order. The court then considers whether to make a final order. Objections can be raised and the court may need to determine entitlement.

Immediate steps

Do not apply from stale or guessed bank information. Confirm the judgment balance and collect the best available evidence identifying where the debtor's money is held or who owes the debtor money.

What should you send us?

Send the judgment, balance, debtor details, bank or third-party information, evidence of previous payments or receivables and all earlier enforcement documents.

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 assess whether the available information supports a third-party debt order, prepare the application, deal with service and objections and advise on an alternative remedy if the asset information is too uncertain.

NEXT STEP

Assess whether bank or receivable enforcement will work

Send the judgment and the third-party asset information you hold. We can assess whether a targeted debt order is justified.

Assess whether bank or receivable enforcement will work

FREQUENTLY ASKED QUESTIONS

Questions about this issue

Can a third-party debt order freeze a business bank account?

Potentially. The procedure can be used against money held by a bank or building society for a judgment debtor, subject to CPR Part 72 and the facts of the account.

Do I need to know which bank the debtor uses?

Reliable asset information is important. A speculative application without a proper basis for identifying the third party is unlikely to be an efficient enforcement strategy.

How much does a third-party debt order application cost?

The current HMCTS fee is £139 for each party against whom the order is requested. Legal fees and any asset-tracing costs are separate.