Third Party Debt Order: How to Freeze a Debtor's Bank Account After a CCJ

Sending a bailiff works when the debtor has physical goods. But if the debtor has money sitting in a bank account, a third-party debt order can freeze that money and have it paid directly to you — without anyone knocking on a door. Here is how the process works under CPR Part 72.

What a third-party debt order does

A Third-Party Debt Order (TPDO) targets money owed to the judgment debtor by a third party — most commonly a bank or building society. The court makes an interim order that freezes the debtor's account balance at the exact moment the order is served on the bank. A final hearing follows, at which the court can order the frozen funds to be paid to you.

The key limitation: a TPDO captures only the balance in the account at the precise moment the interim order is served. It is not a continuing attachment. If the account holds £200 when the bank receives the order, that is all that is frozen — even if £5,000 is deposited the next day. Timing matters.

The application process

Step 1: File Form N349 (Application for Third-Party Debt Order) at the CNBC or local County Court hearing centre. The court fee is £139 (EX50 Fee 8.4(a)).

Step 2: Interim order issued without notice. The court grants the interim order without telling the debtor first — this prevents the debtor from emptying the account. The order sets a date for the final hearing.

Step 3: Serve the bank first. The interim order must be served on the bank or building society at least 21 clear days before the final hearing date. The bank freezes whatever balance exists in the debtor's account at the moment of service.

Step 4: Bank disclosure. Within seven days of receiving the interim order, the bank must disclose whether the debtor holds an account and the amount frozen.

Step 5: Serve the debtor second. The debtor must be served within seven days of the bank being served, and at least 17 clear days before the final hearing.

Step 6: Final hearing. At the hearing, the judge decides whether to make the order final. If the debtor does not object, the court orders the bank to pay the frozen funds to you.

What you need to know before applying

You need the debtor's bank details. Unlike a warrant of control, where bailiffs attend a physical address, a TPDO requires you to name the bank and, ideally, the branch. If you do not know where the debtor banks, filing a TPDO is a shot in the dark. An Order to Obtain Information (Form N316) can compel the debtor to disclose their bank details under oath — and costs only £69.

Joint accounts are generally protected. If the account is jointly held with a non-debtor (a spouse or partner), the TPDO usually cannot attach the funds for a sole debt. The bank will raise this in its disclosure.

Overdrawn accounts produce nothing. If the debtor's account is overdrawn, no money is owed by the bank to the debtor, so there is nothing for the order to attach.

Hardship relief exists. Under CPR Rule 72.7, an individual debtor whose sole source of funds or essential living money has been frozen can apply for a Hardship Payment Order, asking the court to release enough money for food, rent and utilities.

When a TPDO is the right choice

This method works best when you know the debtor has money in a specific account and you can time the service to catch a balance — for example, just after a salary payment or a business revenue deposit. It is one of the only enforcement methods that can produce a lump-sum payment without the debtor's cooperation.

It is less effective against debtors who keep minimal bank balances, receive income irregularly or bank overseas.

Costs

The £139 court fee is added to the judgment debt and recoverable from the debtor if the order succeeds. If the account is empty or the order is not made final, the fee is the creditor's loss.

The CCJ enforcement guide covers the full TPDO process alongside the other five enforcement methods, with the Asset Intelligence Worksheet for documenting what you know about the debtor's bank accounts before you commit to the £139 filing fee.

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