A Third Party Debt Order enables a judgment creditor to obtain an order for the payment to him of money which a third party who is within the jurisdiction owes to the judgment debtor. A third party may include bank or building society.
An application for a third party debt order will initially be dealt with by a judge without a hearing and he may elect to make an interim third party debt order.
Copies of any interim third party debt order, the application notice and any documents filed in support of it must be served on the third party, not less than 21 days before the date fixed for the hearing and on the judgment debtor not less than 7 days after a copy has been served on the third party. Service on the debtor must also be at least 7 days before the date fixed for the hearing.
In terms of a bank or building society served with an interim third party debt order, they must carry out a search to identify all accounts held with it by the judgment debtor and thereafter they must disclose to the court and the creditor within 7 days of being served with the order, in respect of each account held by the judgment debtor:
Upon the application of a judgment creditor, the court may make an order (a ‘final third party debt order’) requiring a third party to pay to the judgment creditor:-
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