Third Party Debt Order

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When can I apply for a Third Party Debt Order?

You can make an application for an order at any time after you have obtained judgment. However, the judge who considers your application will not make an order unless the judgment debtor:

• has failed to pay the amount of the judgment when it was due; or
• has failed to pay one or more of the instalments due under the terms of the judgment.

You should consider carefully when to make your application. The court order which is initially sent to the third party will only 'freeze' money held in an account on the day it is received by (served on) the third party. So if, for example, the order is received a couple of days before the debtor's salary is paid into the account, you are likely to receive little or nothing since the 'freeze' will not be applied to any money paid into the account after the court's order was received.