Form N349 UK: Third Party Debt Order Explained
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Winning a judgment in the County Court or High Court is one thing. Actually getting paid is often another story. If the debtor has money sitting in a bank account or is owed money by someone else, a third party debt order can be a powerful enforcement route.
Form N349 is the application you file to start that process. It asks the court to step in and freeze funds held by a third party, typically a bank or building society, so they cannot be withdrawn by the debtor while the court decides whether those funds should be paid across to you.
This page walks through how the process works, when it is worth considering, and where it tends to fall short.
What this document is
A third party debt order is a court order made under Part 72 of the Civil Procedure Rules. It redirects money that a third party owes to the judgment debtor, diverting it instead to the judgment creditor. In practice, the third party is usually a bank or building society holding the debtor's account, but it can also be another business or individual who owes the debtor money.
The process runs in two stages. First, the court may grant an interim third party debt order on your Form N349 application. This immediately freezes the debtor's funds up to the amount owed, and the third party must not release the money to the debtor.
A hearing is then listed, usually a few weeks later, where the court decides whether to make the order final. If it does, the third party pays the frozen funds directly to you, reducing or clearing the judgment debt. It is a without-notice application to begin with, which is deliberate. Giving the debtor warning would risk the account being emptied before the freeze takes effect.
How to use this document
- Confirm you have an enforceable judgment. You need a County Court or High Court judgment for a specific sum, and the time for payment must have passed or an instalment must have been missed. Without a judgment in your favour, there is nothing to enforce and the application will not succeed.
- Identify where the debtor holds funds. The order only works if you can tell the court which third party holds money for the debtor. For bank accounts, you need the name of the bank and ideally the branch. Guessing rarely works, so consider using an order to obtain information (Form N316) first if you do not know.
- Complete Form N349 accurately. Set out the judgment details, the amount still outstanding, the third party's name and address, and the grounds for believing they hold funds for the debtor. You will need to sign a statement of truth. Errors or missing information can cause the application to be rejected at the paper stage.
- File the application and pay the fee. Send Form N349 to the County Court Money Claims Centre or the court that made the judgment, along with the applicable fee. Check gov.uk for the current fee, as court fees are reviewed periodically. Fee remission may be available if you are on a low income.
- Attend the final hearing. If the interim order is granted, the court lists a hearing to decide whether to make the order final. The debtor and third party are notified and can object, for example on hardship grounds. Turn up prepared to explain why the order should stand and be made final.
Common questions
Q Which accounts cannot be targeted with a third party debt order?
Joint accounts are generally off limits unless the judgment is against all account holders. An account that is already overdrawn on the day the interim order is served will produce nothing, because there are no credit funds to freeze. ISAs and certain regulated accounts can also be tricky. The order only bites on funds actually held at the moment it takes effect.
Q How quickly does the freeze take effect?
Once the court grants the interim order and it is served on the third party, the freeze is immediate. The bank must ringfence the balance up to the judgment sum and interest, and cannot let the debtor withdraw those funds. Money paid into the account after service is not caught, which is why timing the application carefully matters.
Q Can the debtor argue hardship to stop the order?
Yes. An individual debtor can ask the court for a hardship payment order, releasing some of the frozen funds to cover reasonable living expenses for them and their family. The court weighs this against the creditor's right to be paid. Hardship applications are more common where the frozen account is the debtor's main source of everyday spending.
Q What happens if the third party says no money is held?
The third party must respond to the court within a set period confirming whether they hold funds for the debtor and how much. If they hold nothing, or less than the judgment debt, the interim order falls away or only partly bites. You will have wasted the court fee, so it pays to have good reason to believe the account holds funds before applying.
Q Is a third party debt order better than other enforcement methods?
It depends on the debtor's situation. If you know they have cash sitting in a bank, this route is fast and clean. If their assets are elsewhere, a charging order against property, an attachment of earnings order, or instructing enforcement agents may be more effective. Many creditors use information from Form N316 questioning before deciding which route to take.
Q Do I need a solicitor to apply using Form N349?
No, litigants in person regularly complete and file Form N349 themselves. The form is designed to be used without legal representation. That said, the rules in CPR Part 72 are technical, and getting the third party details or the grounds wrong can derail the application, so many people find it useful to talk through their situation before filing.
Q Can I apply if the debtor is paying by instalments?
Only if an instalment has been missed. If the debtor is keeping up with the payment schedule set by the court, you cannot apply for a third party debt order on top. The moment an instalment is missed, or the final payment deadline passes without payment in full, the enforcement door opens.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovForm N349: Application for a third party debt order (gov.uk)gov.uk
- Guidance · UK GovOptions for enforcing judgments (gov.uk)gov.uk
- Guidance · HMCTSCivil Procedure Rules Part 72: Third Party Debt Ordersjustice.gov.uk
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.