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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): objections to third party debt order

Other claims to money specified in order

If the judgment debtor or the third party objects to the court making a final third party debt order, or they are aware that a person other than the judgment debtor has any claim to the money specified in the interim order, they must file and serve written evidence stating the grounds for their objection. The court will serve on the other person notice of the application and the date of the hearing.

If you are notified of such an application, you must consider the evidence on its merits. If you have evidence to oppose it, or you have evidence to dispute an allegation that the third party does not owe money to the judgment debtor you must file written evidence and serve it on the other parties. If you are in doubt, refer the papers to the EIS Bradford CCP Technical Team.

All written evidence in connection with the application must be filed and served on each other party as soon as possible and in any event at least three days before the hearing.

Hardship cases

If the judgment debtor is an individual, he or she may apply for a ‘hardship payment order’ if an interim TPDO prevents them from withdrawing money from their account and their family is suffering hardship as a result. The court will fix a date for hearing and a copy of the application for hardship, with detailed evidence in support, must be served on the judgment creditor at least two days before the hearing.

You must evaluate the evidence and send it all to the attending officer in good time before the hearing. If, exceptionally, you wish the attending officer to oppose the judgment debtor’s application, they may question the judgment debtor and either agree to, or oppose, the application.

At the hearing, the court may make an order allowing the bank or building society to make a payment or payments out of the account.