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.