Third Party Debt Order

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This guidance is also available in pdf format.

The aim of this guidance is to give you a general idea of the processes of Third Party Debt Orders, and cannot explain everything about court rules and procedures. If you are unsure about the procedures set out in the guidance or any procedural matters which arise once you have issued your application, ask a member of staff at any county court. If a legal issue arises you must ask help from an advice agency, law centre or a solicitor. To locate your nearest solicitor or advice agency please search the CLS directory.

If you receive any payments from the defendant during the course of enforcement proceedings, you must let the court know immediately. This is especially important if payment is made before a hearing is due to take place.

What is a Third Party Debt Order?

A third party debt order is usually made to stop the defendant taking money out of his or her bank or building society account. The money you are owed is paid to you from the account. A third party debt order can also be sent to anyone who owes the defendant money.

The organisation or person that is holding the money is referred to as the 'third party'. A third party debt order will prevent the defendant having access to the money until the court makes a decision about whether or not the money should be paid to you. In these proceedings the person who owes you the money is referred to as the 'judgment debtor'; you are referred to as the 'judgment creditor'. The money held by the third party must be held solely for the debtor. You cannot, for example, apply for a third party debt order against a joint bank account unless the judgment debt is owed by all the account holders.