Third-party debt order

A court order that freezes money held by the debtor in a bank or financial institution and requires that institution to pay it directly to you. One of the fastest and most effective ways to enforce a County Court Judgment when you know where the debtor banks.

How does a third-party debt order differ from an attachment of earnings?

An attachment of earnings order targets the debtor's wages directly from their employer. A third-party debt order targets money held by someone else — typically a bank account held with a financial institution. Third-party orders are often faster than earnings attachments because the bank can comply within days, whereas employers may take weeks to begin deductions.

Can I get a third-party debt order if I do not know which bank the debtor uses?

No. You must name the specific bank or financial institution holding the account. If you do not know which bank, you have other options: you can use a judgment debtor's examination hearing to question the debtor under oath about their assets, or you can apply for a search order (rare) or a disclosure order (to require the debtor to reveal their bank details). Some bailiffs can also conduct asset searches.

What if the debtor has less money in the account than the judgment debt?

The bank freezes and pays over whatever is in the account at the time the order is served. If the amount is less than the full debt, you are paid a partial recovery. You can then apply for other enforcement methods for the remainder — bailiff, charging order, attachment of earnings, or a combination.

Can the debtor appeal or challenge a third-party debt order?

Yes. The debtor can apply to have the order set aside or reduced if they can show the court that compliance would cause them severe hardship, or that the order is wrongly made — for example, if the money in the account is exempt from execution, such as Universal Credit or housing benefit. Any such application must usually be made within seven days of service.

How long does it take for a third-party debt order to be enforced?

Once the court issues the order, it is served on the bank. Most banks comply within 7–10 working days. Some can be quicker. The bank pays the money into court, which then pays it to you (after deducting court fees). The whole process is usually complete within two to four weeks, much faster than other enforcement methods.

What if the bank says they will not comply with the order?

Banks are under a legal duty to comply. If a bank refuses or delays without good reason, you can apply to the court to commit the bank for contempt of court. This is rare because banks know they must obey court orders. If there is a delay, contact the court and ask for a compliance check.

Is there a limit to how much I can recover with a third-party debt order?

No statutory limit. You can target the full amount of your judgment debt. However, the order can only reach money actually held by the debtor at the bank — you cannot freeze or levy beyond the account balance. If the debtor has multiple accounts, you would need separate orders against each one.

Can I use a third-party debt order against a business or just individuals?

Both. The process is the same. If you have a judgment against a sole trader or partnership, you can freeze their business bank account. If you have a judgment against a limited company, you can freeze their corporate account. The naming convention on the order differs slightly, but the mechanism is identical.

Third-party debt order

Small Claims · Glossary

Third-party debt order

Last reviewed: June 2026

third-party debt order

is a County Court judgment enforcement mechanism that directs a bank or financial institution to freeze and pay over money held in the debtor's account to satisfy your judgment debt.

Where this comes from

Charging Orders Act 1979, Part III

— the foundational legislation for third-party debt orders (then called garnishee orders).

Civil Procedure Rules, Part 72

— the procedural rules for third-party debt orders in County Courts.

GOV.UK — enforce a judgment

— step-by-step guidance on judgment enforcement options, including third-party debt orders.

What is a third-party debt order and how does it work

Once you have a County Court Judgment, you own a legal right to payment. But owning that right does not automatically put money in your bank account — you must enforce it. A third-party debt order is one of the most direct and effective ways to do so.

The order is called third-party because it involves three parties: you (the judgment creditor), the debtor (the judgment debtor), and the bank (the third party holding the debtor's money). When you apply for the order, you must name the specific bank or financial institution where you believe the debtor holds an account. The court then issues an order directing that bank to freeze the account and pay the amount to you (up to the sum of your judgment).

Third-party debt orders are

— many banks comply within 7 to 10 working days — and they are

because banks are legally required to obey court orders. Unlike bailiff enforcement, which depends on finding goods to seize, or an attachment of earnings order, which depends on the debtor remaining employed, a third-party debt order works whenever the debtor has money in the account.

The process works as follows: (1) you file an application at the County Court stating the details of your judgment and naming the bank; (2) the court issues a provisional order, which is served on the bank; (3) the bank accounts for the money and notifies the debtor; (4) after seven days, if the debtor does not successfully challenge the order, it becomes final; (5) the bank pays the money into court, which forwards it to you after deducting court fees.

When to use a third-party debt order

Third-party debt orders are most useful in these circumstances:

• You know which bank the debtor uses.
• You must name a specific bank. If you do not know, a third-party debt order cannot proceed — you would need to apply for a judgment debtor's examination hearing first to discover their bank details.
• The debtor is likely to have money in the account.
• The order freezes whatever is in the account at the moment it is served on the bank. If the account is empty or nearly empty, you recover little or nothing.
• You need fast enforcement.
• Most third-party debt orders are complied with within two to four weeks, making this quicker than bailiff action or an attachment of earnings.
• The debtor is self-employed or not in stable employment.
• Unlike an attachment of earnings order, which requires the debtor to be employed, a third-party debt order works whether the debtor is employed, self-employed or unemployed.
• The debtor has moved around or you cannot locate goods.
• A third-party debt order does not require you to know where the debtor lives or whether they own property worth seizing. The bank holds the money.

How to apply for a third-party debt order

The application process is straightforward. You file an

(Form N349) at the County Court that issued your judgment. You must state:

• The name and address of the judgment debtor
• The name and address of the bank or financial institution
• The amount of your judgment
• The interest accrued (if any)
• Court fees paid (if any) that you wish to recover

You do not normally need to serve the application on the debtor first. The court issues a provisional order and serves it on the bank. The bank then notifies the debtor, who has seven days to apply to have the order discharged or reduced if they can show hardship or that some or all of the money is exempt from execution (such as benefits paid into the account).

The court fee for a third-party debt order application is modest — currently around £100 — and you can recover this fee from the debtor as part of the enforcement costs. Many courts now accept applications online through Money Claim Online if your claim started there.

Money exempt from third-party debt orders

Not all money in a debtor's account can be frozen. The following are generally protected:

• Benefits and statutory payments.
• Universal Credit, housing benefit, disability living allowance, employment support allowance and other social security payments are exempt. However, courts may order that some of these funds be applied to enforce the order if there is other money in the account.
• Payments ring-fenced by law.
• Child support payments held in a dedicated account, payments for a protected trust fund or similar statutory set-asides.
• Funds that belong to third parties.
• If money in the account belongs to someone else (a spouse, business partner, lodger), that money cannot be frozen. The debtor can apply to the court to argue this.

The debtor can apply within seven days of the provisional order being served to argue that some or all of the money is exempt, or that compliance would cause them severe financial hardship. If the debtor makes this argument, there may be a hearing, and the judge decides whether to discharge or vary the order.

What happens next if the debtor only has some of the money

If the account contains less than your full judgment debt, you are paid a partial recovery. The bank pays whatever is there (minus any exempt sums). This is not the end of enforcement — you still owe the rest and can pursue other methods:

• Apply for another third-party debt order against a different bank,
• if you know of other accounts.
• Apply for an attachment of earnings order,
• if the debtor is employed.
• Apply for a charging order,
• if the debtor owns property.
• to seize and sell goods (though bailiff fees are high).
• Apply for a judgment debtor's examination hearing,
• to question the debtor about other assets.

Many enforcement strategies are used in combination. For example, you might freeze a bank account, then also apply for an attachment of earnings to recoup the unpaid balance over time.

• Not knowing which bank to target.
• If you apply for an order against the wrong bank or a branch that does not hold the account, the order will be ineffective. If you are unsure, apply for a judgment debtor's examination hearing first to discover the debtor's banking details.
• Delaying enforcement after obtaining judgment.
• The longer you wait, the more likely the money in the account will be spent. Apply promptly. There is no time limit, but a judgment creditor's position is strongest soon after judgment.
• Assuming exempt money can be seized.
• Many debtors argue that benefits payments or child support are in the account. If credible, the court may reduce or discharge the order for that portion. Do not assume all money is fair game.
• Not pursuing other enforcement in parallel.
• A third-party debt order is one tool. If it yields only a partial recovery, combine it with other methods — examination hearings, charging orders or attachment of earnings — to pursue the remainder.

Frequently asked questions

Sources and further reading

• Charging Orders Act 1979, Part III
• — the legal framework (legislation.gov.uk)
• Civil Procedure Rules, Part 72
• — procedural rules for third-party debt orders (justice.gov.uk)
• — GOV.UK guidance on all enforcement methods
• HM Courts and Tribunals Service
• — official court information and forms

Need to enforce your judgment?

Start My Claim helps you understand your enforcement options and prepare the paperwork for third-party debt orders and other remedies.

Last reviewed: June 2026.

Based on the Charging Orders Act 1979 Part III and Civil Procedure Rules Part 72 as currently in force. Court fees and procedures verified against HM Courts and Tribunals Service guidance.

This page is explanatory only and is not legal advice. Start My Claim is self-service software, not a law firm — its tools help you understand and enforce your rights.