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Form N316A UK: Question a Debtor Company Officer

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Part ofCounty Court Forms UK

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
When a company owes you money under a court judgment and refuses to pay, getting information about its finances can feel like trying to read through a brick wall. Form N316A is one of the tools that can help. It allows a judgment creditor to ask the court to order an officer of the debtor company, typically a director or the company secretary, to attend court and answer questions on oath about the company's assets, debts and ability to pay. This page walks through what the form does, who can use it, and the practical points to think about before filing. I've written it for creditors who have a judgment in hand but aren't sure what comes next. If you want to talk your situation through with an experienced legal adviser before filing anything, we offer a one-off phone call where you can get practical guidance tailored to what you describe.

What this document is

Form N316A is the application used in the County Court and High Court in England and Wales to obtain an order compelling an officer of a judgment debtor company to come to court and answer questions about the company's finances. It sits within the framework set out in Part 71 of the Civil Procedure Rules, which governs orders to obtain information from judgment debtors.

The purpose of the questioning hearing is to give the creditor a clear picture of what the company owns, what it owes, its income, and whether there are realistic options for enforcing the judgment. The officer attends the hearing and answers under oath.

The process is different from the N316 form, which is used where the judgment debtor is an individual rather than a limited company. It is a serious step. An officer who fails to attend, refuses to answer, or refuses to produce documents required by the order can be found in contempt of court, which carries the risk of a committal order. For that reason, creditors usually consider N316A once softer recovery options have been exhausted.

How to use this document

  1. Confirm you have an enforceable judgment. Before you file, check that you hold a County Court or High Court judgment against the company and that the sum, or the action required, remains outstanding. Without a judgment in your favour, this route is not available, so make sure the paperwork from the original claim is to hand.
  2. Identify the right officer to name. You need to name a specific officer of the debtor company, usually a director or the company secretary, who is likely to have knowledge of the company's financial position. Companies House records can help confirm who currently holds these roles and their service addresses, which you will need for the form.
  3. Complete the form accurately. Fill in the claimant and defendant details, the judgment information including date and amount outstanding, and the officer's full name, position and address. If you want the officer to bring specific documents or answer particular questions, set these out clearly. Accuracy matters because errors can delay the hearing or cause the application to be refused.
  4. Sign the statement of truth and submit. The form must be verified by a statement of truth signed by you or your legal representative. Submit the completed form to the appropriate court along with any required fee (check gov.uk for the current amount). The court will then consider the application and, if granted, issue the order for service on the officer.
  5. Serve the order and prepare for the hearing. Once the order is made it must be served on the named officer personally, generally not less than 14 days before the hearing. Prepare the questions you want asked and any supporting material. At the hearing a court officer will normally conduct the questioning unless you have asked for it to be heard by a judge.

Common questions

If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Common questions

Q Who can apply using Form N316A?
Any judgment creditor who holds a County Court or High Court judgment against a company, and where money or another obligation remains outstanding, can apply. The applicant is typically the claimant in the original proceedings. If you are acting through a solicitor or legal representative they can sign and submit the form on your behalf, but the underlying judgment must be yours.
Q What is the difference between N316 and N316A?
N316 is used when the judgment debtor is an individual, such as a sole trader or a person sued in their own name. N316A is used when the judgment debtor is a company or other corporate body, because you cannot question a company directly. Instead the court orders a named officer, usually a director, to attend court and answer questions about the company's finances.
Q What happens if the officer does not turn up?
Failing to attend a hearing ordered under Part 71, refusing to take the oath, or refusing to answer lawful questions can be treated as contempt of court. The creditor can apply for a committal order, which may ultimately result in a fine, imprisonment or both. Courts take non-compliance seriously because the order is made to support enforcement of a valid judgment.
Q Do I need to serve the order on the officer personally?
Yes. Under the rules governing orders to obtain information, the order must usually be served personally on the officer, not simply sent to the company's registered office. Service must be effected within a specific period before the hearing, generally at least 14 days beforehand. Getting service right is important, because defective service can cause the court to refuse to enforce the order.
Q What sort of questions can be asked at the hearing?
Questions focus on the company's financial position: assets, bank accounts, property, debts owed to the company, income streams, contracts, and the company's ability to pay the judgment. You can also require the officer to bring specific documents such as accounts or bank statements. The aim is to give the creditor enough information to choose an appropriate enforcement method.
Q Is there a court fee for filing N316A?
Yes, a fee applies when you file the application. Fees change from time to time, so check the current court fee on gov.uk or ask the court office before you submit the form. Fee remission may be available in some limited circumstances, but this is usually aimed at individuals on low income rather than commercial creditors pursuing a company debt.
Q What can I do with the information obtained at the hearing?
The information helps you decide which enforcement route makes commercial sense. Depending on what the officer reveals, options may include taking control of goods, a third party debt order, a charging order over company property, or winding up proceedings if the company appears insolvent. Chasing the wrong method can waste money, so the questioning hearing is often a useful intelligence step.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.