Jurisdiction(s):
United Kingdom

Key definition

Third party debt order definition

What does Third party debt order mean? A third party debt order is a post-judgment enforcement method that compels a third party (most commonly a bank or building society) that owes money to the judgment debtor to pay the judgment creditor instead. In England and Wales it is a court order under CPR Part 72 (formerly the garnishee procedure). The creditor obtains an interim order, served on the third party, which freezes the debt up to the judgment sum and costs at the time of service; after a hearing, the court may make a final order directing payment. It typically attaches cleared funds...

Third party debt orders: frequently asked questions on scope, process, and special assets (crypto, pensions, funds in court) under CPR Part 72 (England and Wales)

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note addresses several frequently asked questions that may arise when deciding whether to pursue a third party debt order (TPDO). For guidance on what a TPDO is and the steps to obtain one, see Practice Notes:

What is a third party debt order (TPDO)?
How to apply for a third party debt order (TPDO)

Does a TPDO have to be issued against a financial institution?

No. You can apply for a TPDO against any third party within the jurisdiction that owes money to your debtor. This extends to an individual who is a debtor of the judgment debtor.

Can a TPDO be made in respect of cryptocurrency?

Following the decision in Ion Science Ltd v Persons Unknown (2020) (not reported by LexisNexis), the High Court confirmed that crypto assets are capable of being treated as property and can be traced and enforced against, including via an application for a TPDO. For guidance, see News Analysis: First third-party debt order granted by the English High Court in relation to cryptocurrency.

Can a TPDO be made on a joint account?

Only where all joint account holders are also joint judgment debtors...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Phil Roberts

Clarke Willmott

Phil began his career in debt recovery over 20 years ago and went on to join national law firm Clarke Willmott LLP in 2004. He is now a partner in the firm and jointly leads the firm's Debt Recovery team. The team is one of the largest in the UK, and its client base includes government departments, local authorities, utility companies, insurance companies, commercial businesses and FCA regulated companies. Phil leads on all complex cases and technical queries and manages a personal caseload of bespoke, complex recovery actions. He has particular expertise in insolvency action (defended and undefended), all forms of debt litigation (volume, defended and undefended), enforcement, judicial review, complex orders for sale and leasehold recoveries. The Debt Recovery team is ranked in tier 1 by the Legal 500 and Phil has been recognised by clients previously in the directory for...

Web page updated on 22/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...