Form N316: How to Get an Order to Obtain Information from a Judgment Debtor (2026 Guide)

In short: Form N316 is the application a judgment creditor makes for an order to obtain information (formerly an oral examination) under CPR Part 71, requiring a judgment debtor — or, for a company, an officer such as a director — to attend court and answer questions on oath about their means: income, bank accounts, property, employment and other assets. It is not an enforcement method itself but the reconnaissance step that tells you which enforcement route to use next. eLitigant drafts your N316 from your own information, or checks the draft you have written.

You have won a County Court Judgment, but the debtor is not paying. Before you spend money on bailiffs, bank account freezes, or charging orders, you need to know one thing: what does the debtor actually have? Do they own property? Where do they bank? Are they employed? Do they have savings, vehicles, or other assets? An order to obtain information — formerly known as an oral examination — forces the debtor to attend court and answer questions about their finances under oath. It is governed by CPR Part 71 and is the intelligence-gathering step that should come before any enforcement action. Form N316 is how you apply for it.

Download Form N316

Form N316 (Application for Order that Debtor Attend Court for Questioning) is available from HMCTS:

• Download Form N316 from GOV.UK — Application for order to obtain information (PDF)

✓ Checked against the official source on 30 July 2026. Service, travelling expenses and the affidavit verified against CPR Part 71 — Orders to Obtain Information from Judgment Debtors. Contains public sector information licensed under the Open Government Licence v3.0.

What Is an Order to Obtain Information?

An order to obtain information under CPR Part 71 requires the judgment debtor (or, if the debtor is a company, an officer of that company) to attend court and answer questions on oath about their means — income, assets, bank accounts, property, employment, and debts. The answers are given under oath, so lying is contempt of court. This is not an enforcement method itself. It does not recover any money. It is the reconnaissance mission that tells you which enforcement method to use:

• If the debtor has a bank account with money in it — apply for a third party debt order (N349)
• If the debtor owns property — apply for a charging order (N379)
• If the debtor is employed — apply for an attachment of earnings order (N337)
• If the debtor has goods worth seizing — apply for a warrant of control (N323)
• If the debtor has nothing — you may need to wait and re-examine later

When to Use It

An order to obtain information is appropriate when:

• The debtor has not paid the judgment and you do not know their financial position
• You need to choose the right enforcement method but lack information about assets, bank accounts, or income
• Previous enforcement has failed — bailiffs returned empty-handed, bank accounts were empty — and you need to find other assets
• You want to discover bank details (name of bank, account number, sort code) for a third party debt order
• You want to discover employment details for an attachment of earnings order
• The debtor is a company and you want an officer to explain the company’s financial position

The Court Fee

As of August 2026, the fee for an order to obtain information is £69. This is added to the judgment debt and recoverable from the debtor. If you cannot afford the fee, apply for Help with Fees. It takes about a minute online at GOV.UK, and the reference number it gives you is what removes the fee — Form EX160 is only the paper fallback.

Step-by-Step: How to Complete Form N316

Section 1: Case Details

Enter the claim number, claimant name (judgment creditor), and defendant name (judgment debtor) — exactly as they appear on the judgment.

Section 2: The Judgment

Provide details of the judgment you are enforcing:

• Date the judgment was made
• The court that made the judgment
• The original amount of the judgment
• The amount currently outstanding (including accrued interest)

Section 3: The Person to Be Questioned

If the debtor is an individual, name the debtor and provide their address. If the debtor is a company, you can require an officer of the company (usually a director) to attend and answer questions. Name the officer and provide the company’s registered office address.

Section 4: Statement of Truth

Sign and date confirming the information is true.

What Happens After You Apply

1. The court issues the order — requiring the debtor to attend court on a specified date
2. You serve the order on the debtor — it must be served personally (not by post). This means the order must be handed to the debtor in person, or served by a process server or bailiff
3. The debtor may ask you for travelling expenses — under CPR 71.4(1) the person ordered to attend may, within 7 days of being served, ask you to pay a sum reasonably sufficient to cover their travel to and from court. If they ask, CPR 71.4(2) says you must pay it. If they do not ask, you do not have to pay anything — but either way you must say which happened in your affidavit (see below)
4. The debtor attends court — they are questioned under oath by a court officer (usually a district judge or court clerk)
5. You receive the information — the debtor’s answers are recorded and you receive a copy

Questions the Debtor Must Answer

The standard questionnaire covers the debtor’s entire financial position:

• Employment — employer’s name and address, job title, salary, pay frequency
• Self-employment — nature of business, income, business accounts
• Bank accounts — name of every bank and building society, branch, account numbers, sort codes, current balances
• Property — addresses of any property owned (solely or jointly), mortgage details, estimated value
• Vehicles — make, model, registration, value, whether on finance
• Other assets — investments, shares, savings, valuables
• Income — all sources including benefits, pensions, rental income, dividends
• Expenditure — rent/mortgage, utilities, council tax, food, transport, childcare, debts
• Other debts — who else the debtor owes money to and how much
• Dependants — number and ages of people financially dependent on the debtor

The answers are given under oath. Lying or giving deliberately misleading answers is contempt of court and can result in a fine or imprisonment.

What If the Debtor Does Not Attend?

If the debtor fails to attend the examination without good reason, the court can:

• Issue a warrant for the debtor’s arrest — they can be brought to court by force
• Find the debtor in contempt of court — which can result in a fine or imprisonment
• Make a suspended committal order — requiring the debtor to attend on a new date, with the threat of committal if they fail again

This is one of the few enforcement-related processes where non-compliance has real teeth. Debtors who ignore other court orders often take an order to attend for questioning more seriously because of the arrest power.

Personal Service Is Mandatory — and It Has a Deadline

The order must be served personally on the debtor — it cannot be sent by post. CPR 71.3(1) also sets the timing: unless the court orders otherwise, the order must be served personally not less than 14 days before the hearing. If you are serving it yourself and cannot manage it, CPR 71.3(2) requires you to tell the court not less than 7 days before the hearing date. This means someone must hand the documents directly to the debtor. Options include:

• Serve it yourself — you can personally hand the documents to the debtor, though this can be confrontational
• Use a process server — a professional who locates and serves the debtor. Typical cost: £50–£150
• Use the court bailiff — some courts offer a personal service option through their bailiff service

Travelling expenses (“conduct money”) work the other way round from how they are often described. You do not have to offer them upfront. Under CPR 71.4(1) the debtor may, within 7 days of being served, ask you to pay a sum reasonably sufficient to cover travel to and from court; if they ask, CPR 71.4(2) says you must pay it. Not offering unprompted does not invalidate the service — service is governed by CPR 71.3. What does matter is the affidavit below: CPR 71.5(1)(b) requires you to state either that the debtor has not requested travelling expenses, or that you have paid a sum in accordance with such a request. An unanswered request is the real risk, not a missing offer.

The Affidavit You Must File Before the Hearing

This is the step most litigants in person miss, because no form prompts you for it. CPR 71.5(1) requires the judgment creditor to file an affidavit — or affidavits — which must:

• be made by whoever served the order (unless the court served it), giving details of how and when it was served;
• state either that the person ordered to attend has not requested payment of their travelling expenses, or that you have paid a sum in accordance with such a request; and
• state how much of the judgment debt remains unpaid.

Under CPR 71.5(2) you must either file it not less than 2 days before the hearing, or produce it at the hearing itself.

Using the Information Strategically

The examination gives you a complete financial picture. Use it to choose the most effective enforcement method:

• Bank account discovered with funds: Apply immediately for a third party debt order (N349) — the without-notice application means the debtor will not know until the account is frozen
• Property discovered: Apply for a charging order (N379) to secure the debt against the property
• Employment discovered: Apply for an attachment of earnings order (N337) for ongoing deductions from wages
• Goods discovered: Apply for a warrant of control (N323) for bailiffs to seize assets
• Nothing discovered: The debtor may genuinely have no means. Consider applying to vary the judgment to instalments (N245) or waiting and re-examining in 12 months when circumstances may have changed

Timing tip: If the examination reveals the debtor’s salary payment dates and bank details, apply for a third party debt order timed to coincide with the day after salary lands in the account. The examination information gives you the intelligence to time enforcement perfectly.

Common Mistakes on Form N316

• Not serving personally — postal service is not sufficient for this order. If you serve by post, the order is invalid and the debtor cannot be compelled to attend
• Forgetting the affidavit — CPR 71.5 requires an affidavit covering service, travelling expenses and the balance outstanding, filed not less than 2 days before the hearing or produced at it. Nothing on the form prompts you for this
• Serving too late — CPR 71.3(1) requires personal service not less than 14 days before the hearing
• Ignoring a request for travelling expenses — you do not have to offer them, but if the debtor asks within 7 days of service, CPR 71.4(2) says you must pay
• Not following up — the examination is only useful if you act on the information. Once you know where the debtor banks or works, apply for the appropriate enforcement order promptly
• Applying too early — the debtor must have failed to comply with the judgment before you can apply. If the payment deadline has not yet passed, the application is premature
• Not attending the examination — you (or your representative) should attend to hear the answers and ask supplementary questions. If you do not attend and the debtor gives incomplete answers, you have wasted the opportunity
• Waiting too long between examination and enforcement — the debtor’s financial position can change quickly. If the examination reveals assets, apply for enforcement as soon as possible before the debtor moves money or disposes of assets

Related Court Forms & Guides

• Form N260: Statement of Costs — the costs schedule used at summary assessment.
• Form N244: Application Notice — the form for interim applications.
• Start a Money Claim Online (OCMC) — where most civil money claims begin.
• Particulars of Claim — setting out the basis of your claim.
• Civil Court Forms Index — every civil court form guide in one place.

Key Points to Remember

• An order to obtain information is the essential first step — before spending money on enforcement, find out what the debtor has. The examination reveals bank accounts, property, employment, and assets.
• Personal service is mandatory, and dated — the order must be handed to the debtor in person, not less than 14 days before the hearing (CPR 71.3(1)). Postal service is not valid.
• Travelling expenses are paid on request, not offered upfront — CPR 71.4: the debtor may ask within 7 days of service; if they ask, you must pay.
• File the CPR 71.5 affidavit — service, travelling expenses and the balance outstanding, not less than 2 days before the hearing.
• The debtor answers under oath — lying is contempt of court. Non-attendance can result in arrest.
• Act on the information promptly — once you know where the debtor banks, apply for enforcement before they move money. The examination is only useful if you follow through.
• The court fee is £69 — added to the judgment debt. Apply for Help with Fees if needed — about a minute online at GOV.UK.

Get Help Finding the Debtor’s Assets

An order to obtain information is the intelligence-gathering step that makes enforcement effective. Chris can help you complete the application, prepare your questions for the examination, and recommend the right enforcement method based on what the debtor reveals.

Related Guides

• How to Enforce a County Court Judgment
• Form N349: Third Party Debt Order (Freeze Bank Account)
• Form N379: Charging Order on Property
• Form N323: Warrant of Control (Bailiffs)
• Form N225: How to Apply for Default Judgment
• Help with Fees: apply online (EX160 by post)

See it done — an order to obtain information from a debtor (N316) in minutes

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Frequently asked questions

What is Form N316 used for?

Form N316 is the application for an order to obtain information under CPR Part 71. It requires a judgment debtor (or, for a company, an officer of the company) to attend court and answer questions on oath about their finances — income, bank accounts, property, employment, assets and debts. It does not recover money itself; it is the intelligence-gathering step that tells you which enforcement method to use.

How much does an order to obtain information cost?

The page states the current court fee is £69, which is added to the judgment debt and recoverable from the debtor. You may also incur the cost of a process server (typically £50–£150) for personal service if you do not serve the order yourself. If you cannot afford the fee, apply for Help with Fees online at GOV.UK — it takes about a minute, and the reference number it gives you is what removes the fee. Form EX160 is only the paper fallback. Always check the current HMCTS fee before applying.

Does the order have to be served personally?

Yes, and not less than 14 days before the hearing (CPR 71.3(1)). Someone must hand the documents directly to the debtor, whether you serve it yourself, use a process server, or use the court bailiff. Travelling expenses are not an upfront offer: under CPR 71.4 the debtor may ask for them within 7 days of being served, and you must pay if they ask. Your CPR 71.5 affidavit then has to state either that no request was made or that you paid it.

What happens if the debtor does not attend?

If the debtor fails to attend without good reason, the court can issue a warrant for their arrest so they are brought to court by force, find them in contempt of court (which can carry a fine or imprisonment), or make a suspended committal order requiring attendance on a new date.

Can I question a company director?

Yes. If the judgment debtor is a company, you can require an officer of the company — usually a director — to attend court and answer questions about the company’s financial position. Name the officer and provide the company’s registered office address on the form.

Can the debtor refuse to answer the questions?

No. The debtor is questioned under oath and must answer truthfully. Refusing to answer, giving deliberately misleading answers, or failing to attend can result in a finding of contempt of court, which carries the possibility of a fine or imprisonment. Related guides: Form N244: Application Notice · Form N260: Statement of Costs · All civil court forms