Form N316: Order to Obtain Information from a Judgment Debtor

You have a CCJ and the debtor has not paid, but you do not know what assets they have. Filing for a bailiff when the debtor owns nothing wastes £96. An Order to Obtain Information forces the debtor to attend court and disclose their financial position under oath — for £69. It is the cheapest enforcement tool and often the most important first step.

What the order does

Under CPR Part 71, an Order to Obtain Information compels the judgment debtor (or a senior officer of a corporate debtor) to attend court and answer questions about their assets, income, employment, bank accounts and property. The examination is conducted under oath. It does not collect any money directly — its value is in revealing what the debtor has, so you can choose the right enforcement method.

Which form to use

Form N316 is for individual debtors. You name the person who owes you the money.

Form N316A is for corporate debtors (limited companies). You direct the order at a director, company secretary or other officer of the company. The officer attends to answer questions about the company's financial position.

Both forms cost £69 (EX50 Fee 8.5) and are filed at the CNBC or the local County Court hearing centre.

How to apply

1. Download Form N316 (or N316A) from GOV.UK.

2. Complete the form. You need the claim number, the debtor's name and address, the judgment date and the amount outstanding.

3. Pay the £69 fee and file at the CNBC or the debtor's local hearing centre.

4. The court issues the order. It sets a date, time and location for the debtor to attend. The court also sends you the standard questionnaire — Form EX140 for individuals, Form EX141 for corporate officers — which the debtor must complete before the hearing.

Personal service: the critical step

Here is where many creditors get tripped up. Under CPR Rule 71.3, the order must be served personally on the debtor at least 14 clear days before the hearing date. Personal service means handing the document directly to the debtor — postal service is not valid for CPR Part 71 orders unless specifically authorised by the court.

You have three options for personal service:

• Do it yourself. You or a friend/family member over 18 can serve the order by handing it to the debtor in person. It is free but can be confrontational, and you must be confident you are serving the right person.
• Hire a process server. A professional process server will locate the debtor and serve the documents, typically for £50–£150 plus travel. They provide a signed statement confirming service. The court does not automatically serve the order for you. You need to arrange personal service yourself or through a professional process server.

Conduct money and affidavit of service

At the time of personal service, you must offer the debtor "conduct money" — a sum sufficient to cover their reasonable travel expenses to and from the court. This is a formal requirement under CPR Rule 71.4. If you do not offer conduct money, the debtor has grounds not to attend.

After serving the order, you must file an Affidavit of Service (Form N215) at least two days before the hearing. This sworn statement confirms when, where and how you served the order, and that you offered conduct money. The court needs it as proof of personal service and the tender of conduct money.

What happens at the hearing

The debtor is examined under oath — usually by a court officer using the standard financial questionnaire (EX140 or EX141). The questions cover employment details, income, bank accounts, property, vehicles, debts and monthly expenditure. As the creditor, you or your representative can attend and ask additional questions.

The hearing reveals the debtor's financial picture: whether they are employed (pointing toward attachment of earnings), hold bank balances (pointing toward a third-party debt order), own property (pointing toward a charging order) or have seizable goods (pointing toward a warrant or writ of control).

If the debtor does not attend

Failure to attend, refusal to take the oath or refusal to answer questions constitutes contempt of court under CPR Rule 71.8. The court officer certifies the failure, and a Circuit Judge may issue a Suspended Committal Order (Form EX550). This directs that the debtor will be committed to prison — typically for 14 to 28 days — unless they attend on a rescheduled date and answer questions.

Committal is a judicial remedy for contempt. It is not a debtor's prison or a threat you can make informally — only the court can order it.

Why N316 is usually the right first step

At £69, the Order to Obtain Information is the cheapest enforcement application. More importantly, it prevents you from spending £96 on a warrant when the debtor has no goods, £139 on a third-party debt order when the debtor's account is empty, or £139 on a charging order when the debtor does not own property. The information you gain shapes every subsequent enforcement decision.

The CCJ enforcement guide covers the full N316 procedure, including a step-by-step personal service walkthrough, conduct money calculations and the Asset Intelligence Worksheet for recording what the examination reveals.

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