C1C2C3F1PART 72THIRD PARTY DEBT ORDERS

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C2

Pt. 72 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)

C3

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)

C2Obligations of third parties served with interim order72.6

1

A bank or building society served with an interim third party debt order must carry out a search to identify all accounts held with it by the judgment debtor.

2

The bank or building society must disclose to the court and the creditor within 7 days of being served with the order, in respect of each account held by the judgment debtor—

a

the number of the account;

b

whether the account is in credit; and

c

if the account is in credit—

i

whether the balance of the account is sufficient to cover the amount specified in the order; F2...

ii

the amount of the balance at the date it was served with the order, if it is less than the amount specified in the order F3; and

iii

whether the bank or building society asserts any right to the money in the account, whether pursuant to a right of set-off or otherwise, and if so giving details of the grounds for that assertion.

3

If—

a

the judgment debtor does not hold an account with the bank or building society; or

b

the bank or building society is unable to comply with the order for any other reason (for example, because it has more than one account holder whose details match the information contained in the order, and cannot identify which account the order applies to),

the bank or building society must inform the court and the judgment creditor of that fact within 7 days of being served with the order.

4

Any third party other than a bank or building society served with an interim third party debt order must notify the court and the judgment creditor in writing within 7 days of being served with the order, if he claims—

a

not to owe any money to the judgment debtor; or

b

to owe less than the amount specified in the order.