C1C2C3C4F1PART 72THIRD PARTY DEBT ORDERS
Pts. 70-74 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)
Pt. 72 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)
Pt. 72 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.24 (with rules 2.1, 33.1(1)) (as amended by S.I. 2014/667, rules 1, 423 (with rule 45)
Pt. 72 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(c), 24.6(1)
C2Interim third party debt order72.4
1
An application for a third party debt order will initially be dealt with by a judge without a hearing.
2
The judge may make an interim third party debt order—
a
fixing a hearing to consider whether to make a final third party debt order; and
b
directing that until that hearing the third party must not make any payment which reduces the amount he owes the judgment debtor to less than the amount specified in the order.
3
An interim third party debt order will specify the amount of money which the third party must retain, which will be the total of—
a
the amount of money remaining due to the judgment creditor under the judgment or order; and
b
an amount for the judgment creditor’s fixed costs of the application, as specified in F2Practice Direction 72.
4
An interim third party debt order becomes binding on a third party when it is served on him.
5
The date of the hearing to consider the application shall be not less than 28 days after the interim third party debt order is made.
Pt. 72 inserted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 3 (with savings in rule 24 and S.I. 2001/4015, rule 43(2))