Third Party Debt Order

Page 8 of 8

What will happen at the hearing when the judge considers whether to make a final order?

The judge will consider your application and any other evidence you, the third party, or the judgment debtor has filed. If the judge is satisfied that a final order should be made, an order will be drawn in Form N85 (Final third party debt order). If there is sufficient money, the final order will allow the third party to pay to you the judgment debt and costs and your costs of making the application. If the final order is for a lesser amount, the costs of making the application will be treated as being paid first and part of the judgment debt will remain outstanding.

A copy of the order will be sent to you, the third party and the judgment debtor.

The third party will be told how much to pay you and the date by which it is to be paid. Remember that the court cannot order the third party to pay you an amount that is more than the amount originally frozen. If this is less than you are owed, then you may want to consider other enforcement procedures to recover the balance.