Third-party debt order: freezing the bank account

A third-party debt order (TPDO) — formerly known as a garnishee order — is a court order under CPR Part 72 directing a third party who owes money to your judgment debtor to pay that money to you instead. The most common use is against a bank or building society holding the defendant's current or savings account.

Interim third-party debt order

You apply to the court without notice to the defendant using Form N349. If the judge is satisfied there is sufficient evidence the third party (usually a bank) holds money for the defendant, the court grants an interim order and a hearing is listed for a final order.

Service on the third party

The interim order is served on the bank within seven days. From that moment, any money in the named account up to the value of the judgment debt is frozen. The defendant cannot withdraw it.

Service on the defendant

The defendant is served at least seven days after the third party. They have a chance to attend the hearing and argue, for example, that the money is not theirs or that hardship would result.

At least 28 days after the interim order, the court holds a hearing. If satisfied, the judge makes the order final and directs the bank to pay the frozen funds to you.

Third-party debt order: freezing the bank account

It can also be used against any other party indebted to the defendant: an insurance company holding a payout, a tenant who owes the defendant rent, a customer who has been invoiced. Anywhere money is owed to the defendant in a fixed, ascertainable sum and not yet paid, a TPDO can intercept it. CPR 72.2 sets out the formal requirements.

The order is made in two stages — an interim order (granted without notice and served on the third party first) and a final order made at a hearing typically four to six weeks later. The interim order's purpose is to freeze the funds before the defendant has any chance to move them. Surprise is essential to the mechanism.

When TPDOs work — and when they don't

TPDOs work brilliantly against trading businesses with predictable banking patterns: a builder paid by BACS, a landlord receiving rents, a sole trader running everyday accounts. They tend to fail against personal debtors who cycle money rapidly through accounts or live off cash.

A useful preparatory step is to look at any historic correspondence for clues to where the defendant banks: payment receipts, returned cheques, bank stamps on invoices, BACS reference codes. If you have ever received money from the defendant, your bank statement will identify the originating account's bank — that is the institution to target.

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Enforcement overview