C1C2C3F1PART 72THIRD PARTY DEBT ORDERS

Annotations:
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)

C2Arrangements for debtors in hardship72.7

1

If—

a

a judgment debtor is an individual;

b

he is prevented from withdrawing money from his account with a bank or building society as a result of an interim third party debt order; and

c

he or his family is suffering hardship in meeting ordinary living expenses as a result,

the court may, on an application by the judgment debtor, make an order permitting the bank or building society to make a payment or payments out of the account (“a hardship payment order”).

2

An application for a hardship payment order may be made—

a

in High Court proceedings, at the Royal Courts of Justice or to any district registry; and

b

in F3County Court proceedings, to any F2County Court hearing centre.

3

A judgment debtor may only apply to one court for a hardship payment order.

4

An application notice seeking a hardship payment order must—

a

include detailed evidence explaining why the judgment debtor needs a payment of the amount requested; and

b

be verified by a statement of truth.

5

Unless the court orders otherwise, the application notice—

a

must be served on the judgment creditor at least 2 days before the hearing; but

b

does not need to be served on the third party.

6

A hardship payment order may—

a

permit the third party to make one or more payments out of the account; and

b

specify to whom the payments may be made.