If your debtor refuses to comply with a Judgment or Order of the Court then there are a number of options available for you to enforce this against them. More than one method can be used at the same time.
This transfers a debt to a third party and can be effective if the third party is a Bank or Building Society. If a debtor’s Bank account is in credit a third party debt order requires the Bank or Building Society to pay you with the money held in the account. To obtain an order of this sort you will need to know the debtor’s bank details and need to know that the third party is within the Court’s jurisdiction. You may have been able to gain this information as a result of an order to obtain information from the debtor see previous page.
An application for a third party debt order will initially be dealt with by a Judge without a hearing to speed the process. The Judge at this point can make an interim order that the third party must not allow the debtor to reduce the amount they hold to less than the amount owed to you.
If however the debtor or his/her family is suffering hardship as a result of an order and are unable to meet ordinary living expenses they can apply to the Court for an order permitting the Bank or Building Society to make a payment out of the account. A hearing is required before the final order is made. In most cases the practice is straightforward and the third party will be directed to pay you.
If you are owed money by debtors and need help in claiming the money that is rightfully yours, then give us a call on 01604 828282 or fill out our online contact form. Our experienced debt recovery team are here to help.
