Beta This part of GOV.UK is being rebuilt – find out what this means

HMRC internal manual

Debt Management and Banking Manual

From
HM Revenue & Customs
Updated
, see all updates

Enforcement action: county court proceedings: Third Party Debt Orders (TPDOs): action by the district judge

Action by judge

Except in National Savings Bank cases (DMBM667150) the application is dealt with by a district judge without a hearing. If satisfied with the application, the district judge will

  • make an ‘interim third party debt order’ for the amount remaining unsatisfied under the judgment plus the fees for the application
  • fix a date for hearing to consider whether to make a final third party debt order, at least 28 days after the interim order
  • direct the third party not to make any payment before the hearing that would reduce the amount he owes the judgment debtor to an amount less than that specified in the order.

Action by court

The court will normally serve the interim order (form N84) on the third party by first class post at least 21 days before the hearing, together with the application and any documents filed in support of it.

The court will then serve a copy of the interim third party debt order and supporting documents on the judgment debtor, at least seven days after the copy has been served on the third party and at least seven days before the hearing.

Personal service

You may serve both copies of the order personally if you wish. If so, you must

  • file a certificate of service at least two days before the hearing (in order that the court have enough time to link it with their papers), or
  • produce a certificate of service at the hearing.