County Court Enforcement – Third Party Debt Order
If your case has ruled in your favour and demanded your debtor pay, but they are still avoiding doing so, then you can use a Third Party Debt Order to collect what they owe from a party such as their bank.
Once you have obtained a judgment in your favour, and you choose to use submit an application for Third Party Debt Order (TPDO) to enforce your collection, you need to use this form. This link takes you to the Court website which enables you to download the form that you need to send to the court and also associated leaflets to help you fill in and understand the process and fees. There are also links on the right of the page to view the same documents.
A TPDO allows you to apply to a third party (typically a bank) to obtain monies belonging to the defendant. You can use a TPDO (formally called a Garnishee Order) to force a third party who either owes the debtor money or holds money belonging to the debtor. The TPDO is only successful if there are funds available at the time of serving the application. EG: If there is no money in a bank account at the time it is served then the order fails.
There are benefits to this order, however, if you only know 1 of the debtor’s bank accounts, and let’s say for example they have 2 accounts with the same bank, BOTH accounts will be used to assess whether payment can be made and the order being successful. You may be thinking that the debtor will just remove funds when he finds out that this is in process. But the good thing is, the banks are informed of the order first and therefore are ordered to freeze the accounts, rendering them unusable. No money out!! This is, of course, a major benefit when it comes to the debtor then becoming aware that you are doing this, as the debtor cannot remove their funds!
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