C1C2C3F1PART 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)
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
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.
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))