Third party debt orders
A practice note providing guidance on third party debt orders in England and Wales as a method for the enforcement of a money judgment. This practice note explains how a judgment creditor can use a third party debt order to freeze and seize funds owed to a judgment debtor that are held by a third party, such as a bank. It outlines the two-stage process under CPR 72, covering the application for an interim third party debt order and the subsequent hearing for a final order. The guidance explores crucial preliminary considerations and points of caution, including jurisdictional issues and when a debt is considered "due or accruing due." This practice note also discusses which assets are attachable, such as pensions and cryptocurrency, and which are not, while also addressing objections, the court's discretion, and special circumstances like debtor hardship and insolvency.
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