A Third Party Debt Order in most cases is used to stop the defendant taking money out of their bank or building society accounts. The amount of money that you are owed is then paid to you from their account(s). A Third Party Debt Order can also be sent to anyone else who owes YOU money.
The Organisation or person that owes you money is known and referred to as the 'third party'. A Third Party Debt Order will prevent the accused from having access to any of their funds until the court makes a decision about whether or not the money should be paid to you. In these proceedings the 'third party' that owes you the money is referred to as the 'judgment debtor' and you are referred to as the 'judgment creditor'. The money held by the 'third party' must be held solely for the debtor. You are unable to, for example, apply for a Third Party Debt Order against a joint bank account unless judgment is passed states that the debt is owed by all of the account holders.
The court order, which is initially sent to the bank or building society, will ‘freeze’ the money held in an account on the day which it is served. It is vital that you must know when the tenant is paid as the 'freeze' will not apply to any money that is deposited in the tenant’s account after the day that the 'freeze' was introduced/served.
Fill in Court Form N349 and send it off to the Court with the appropriate fee
Judge will grant an Interim Order on Form N84 and send a copy to you and the third party (a copy of the order is not sent to the tenant until 7 days has lapsed)
Within 7 days the bank or building society carries out a search to identify all the tenants accounts and provides you and the court with this information
The Interim Order will include the date and time of the hearing at which the judge will decide whether or not to make a Final Third Party Debt Order
(you must attend this hearing otherwise the judge may dismiss your application)
At the hearing, if your application is successful, any fees you paid are usually recoverable from the tenant by being added to the judgment
(an order will be drawn on Form N85 and you and the tenant will be sent a copy)
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.