Form N39 Explained: Order to Attend Court for Questioning

At a glance

• What it is: A court order under CPR Part 71 requiring a judgment debtor (or, for a company, a named officer) to attend court and answer questions on oath about their finances.
• How it starts: The judgment creditor applies using Form N316 (individual debtor) or Form N316A (company officer), after obtaining a judgment or order that remains unpaid.
• Service: The order must be served personally on the person named, at least 14 days before the hearing, unless the court orders otherwise (CPR rule 71.3).
• Who asks the questions: By default, a court officer works through a standard question list — form EX140 for an individual, EX141 for a company officer. A judge only conducts the hearing where there are compelling reasons, and in that case the creditor must attend and ask the questions themselves.
• Travel expenses: The person ordered to attend can ask the creditor, within 7 days of service, to cover reasonable travelling costs — the creditor must pay if asked (CPR rule 71.4).
• Non-compliance: Failing to attend, or refusing to answer, is referred to a High Court judge or Circuit Judge, who can treat it as contempt of court and impose a fine, imprisonment, confiscation of assets or other punishment — though this is usually suspended on condition the debtor then attends (CPR rule 71.8).
• What it doesn't do: The order is a fact-finding tool. It does not itself recover any money — it informs which enforcement method the creditor uses next.

What is Form N39?

Form N39 is the court order used in England and Wales to require a judgment debtor — or, where the debtor is a company, a named officer of that company — to attend court and answer questions about their financial position. It exists under CPR Part 71, which governs "orders to obtain information from judgment debtors."

The order itself is not a recovery method. It compels disclosure, under oath, of the debtor's means and other information relevant to enforcing the judgment. That evidence then helps the creditor choose the enforcement route most likely to succeed — for example a warrant or writ of control, an attachment of earnings order, a charging order, or a third party debt order.

Form N39 sets out the date, time and location of the hearing, names the person who must attend, and lists the documents they are required to produce. The order also carries a statutory warning, required by CPR rule 71.2(7), that failure to comply may be treated as contempt of court.

Before Form N39: you need an unpaid judgment first

An application under CPR Part 71 can only be made once there is an existing judgment or order — for money or otherwise — that has not been paid, or has only been partly paid. Without a judgment to enforce, there is no basis for the court to compel anyone to attend for questioning.

The application is normally issued in the same court or hearing centre that made the original judgment (or the court the case was later transferred to), and can be made without giving the debtor advance notice of the application itself — the debtor only becomes aware once the resulting order is served on them.

Applying for the order: Form N316 or N316A

The creditor applies for the order using Form N316 if the person to be questioned is an individual, or Form N316A if it is an officer of a company or other corporation. Under Practice Direction 71, the application notice must set out:

• the name and address of the judgment debtor;
• the judgment or order being enforced, and the amount currently owed (for a money judgment);
• for a company debtor, the name, address and position of the officer the creditor wants ordered to attend;
• whether the creditor wants the questioning conducted before a judge, and why; and
• any specific documents the creditor wants produced at court.

A court officer can deal with the application without a hearing. It will only be referred to a judge if the creditor has specifically asked for the questioning to take place before a judge, or if the officer considers the case otherwise warrants it. A court fee is payable when the application is issued — check GOV.UK's civil court fees (EX50) for the current amount, since fees are reviewed periodically.

How the order is served — the 14-day rule

Once the court issues Form N39, CPR rule 71.3 requires that it be served personally on the person ordered to attend, at least 14 days before the hearing, unless the court directs otherwise. Service can be carried out by the judgment creditor (or someone acting for them), a High Court enforcement officer, or a county court bailiff.

If the creditor is responsible for serving the order and has not managed to do so, they must tell the court at least 7 days before the hearing date. Before the hearing, the creditor must also file (or produce at the hearing) an affidavit confirming how and when the order was served, whether the debtor asked for travelling expenses and whether they were paid, and how much of the judgment debt remains outstanding.

Travelling expenses: what the debtor can claim

A person served with a Form N39 order is not left to cover their own travel costs. Under CPR rule 71.4, within 7 days of being served with the order, they can ask the judgment creditor to pay a sum reasonably sufficient to cover their travelling expenses to and from court — and the creditor must pay it if asked. This is one of the details the creditor has to confirm, one way or the other, in the affidavit filed before the hearing.

What happens at the questioning hearing

On the date named in the order, the person attends the county court hearing centre serving the area where the debtor lives or carries on business (unless a judge has directed a different court) and is questioned under oath, producing the documents listed in the order.

Who asks the questions

Under CPR rule 71.6 and Practice Direction 71, the normal procedure is for a court officer to ask a standard set of questions — set out in form EX140 for an individual debtor, or EX141 for a company officer — covering income, outgoings, bank accounts, property, vehicles, business interests and other assets or liabilities. The judgment creditor or their representative may attend and ask questions too, or submit a list of additional questions with the original application for the court officer to put.

Questioning only takes place before a judge if the creditor specifically requested this and a judge decided there were compelling reasons for it. In that case, the standard EX140/EX141 forms are not used — instead, the creditor (or their representative) must attend and conduct the questioning themselves, and the hearing is tape recorded rather than transcribed by the court officer.

The record of evidence

Where a court officer conducts the questioning, they make a written record of the evidence (unless it is tape recorded), read it back to the person questioned at the end, and ask them to sign it. If the person refuses to sign, that refusal is simply noted on the record.

If the debtor is a company

A company cannot physically attend court, so where the judgment debtor is a company or other corporation, the order names an individual officer — typically a director or the company secretary — who must attend on the company's behalf, answer questions about the company's finances, and produce its financial records. The creditor applies using Form N316A rather than N316, and the standard questions at the hearing are put using form EX141 rather than EX140.

If the debtor does not attend, refuses to answer, or otherwise fails to comply

Every Form N39 order carries a statutory warning that non-compliance may be treated as contempt of court. Under CPR rule 71.8, if the person:

• fails to attend court;
• refuses at the hearing to take the oath or answer a question; or
• otherwise fails to comply with the order,

the matter is referred to a High Court judge or Circuit Judge, who can hold them in contempt of court and impose a fine, imprisonment, confiscation of assets, or other punishment under the law — provided the creditor has already complied with the service and affidavit requirements in rules 71.4 and 71.5.

In practice, any such punishment order is suspended, provided the person then attends court at a fresh date and complies with the original order and the terms of the suspended order. If they still fail to comply with those terms, they can be brought before a judge again, who will discharge the suspended order — making the punishment enforceable — unless satisfied that both the original order and the suspension terms were properly complied with or not duly served.

After the hearing: choosing an enforcement route

The information obtained at the hearing does not itself recover any money. It gives the creditor a sworn account of the debtor's income, assets and liabilities, which is then used to judge whether enforcement is realistic and, if so, which method fits the debtor's circumstances — for example seizing goods under a warrant or writ of control, deducting sums directly from wages, securing the debt against property the debtor owns, or requiring a third party who holds money for the debtor to pay it to the creditor instead.

What to do if you have received a Form N39

1. Read the order carefully and note the date, time, location and every document listed — bring originals or copies of everything specified.
2. Check the 14-day service requirement was met; if it was not, or you were not served personally, this may affect the validity of the hearing.
3. Consider your travelling expenses request early. You have 7 days from service to ask the creditor to cover reasonable travel costs to and from court.
4. Do not ignore the order. Even if you believe you have no assets, failing to attend or answer questions is treated as contempt of court, not as a way of avoiding the process.
5. Take advice if your situation is complex — for example if you are self-employed, run a company, or have concerns about the questions you may be asked.

What to do if you are the creditor

1. Confirm your judgment is unpaid or only partly paid before applying — Form N39 only follows an existing, enforceable judgment.
2. Apply on the correct form — N316 for an individual, N316A for a company officer — giving the debtor's details, the judgment amount outstanding, and any additional questions you want asked.
3. Arrange service at least 14 days before the hearing date, and be ready to notify the court if service proves impossible.
4. Respond promptly to any travelling expenses request — you are required to pay a reasonable sum if the debtor asks within 7 days of service.
5. File your affidavit confirming service, the travelling expenses position, and the outstanding balance, at least 2 days before the hearing (or bring it to the hearing itself).
6. Use the outcome to choose your next enforcement step rather than treating the hearing as an end in itself.

This guide provides general information about how Form N39 and the CPR Part 71 questioning procedure work in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law described was accurate as at July 2026 and is subject to change — always check GOV.UK and the Civil Procedure Rules for the most current position.

Last reviewed: July 2026 by a non-practising solicitor · Next review due: July 2027 or on legislative change.