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

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)

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

The current fee for an order to obtain information is £71. This is added to the judgment debt and recoverable from the debtor.

If you cannot afford the fee, apply for fee remission using Form EX160.

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 must also receive a conduct money payment — you must offer the debtor a reasonable sum for travelling expenses to court. This is typically a small amount but it is a mandatory requirement
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

The order must be served personally on the debtor — it cannot be sent by post. 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

You must also provide conduct money — a reasonable sum for the debtor’s travel to court. This is usually a nominal amount (enough for a bus or train fare) but failure to offer it can invalidate the service.

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 conduct money — you must offer the debtor a reasonable sum for travelling to court. Omitting this can invalidate the service
• 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

Complex case? If your matter involves multiple documents, enforcement across courts, or multi-track allocation, see our Hybrid Assisted Drafting plan — 1,000 pages of barrister-grade drafting for £1,000.

Frequently Asked Questions

How much does an order to obtain information cost?

The court fee is £71. This is added to the judgment debt. You may also incur the cost of a process server (£50–£150) for personal service if you do not serve the order yourself. Apply for fee remission (EX160) if you cannot afford the fee.

Can the debtor refuse to answer 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.

What if the debtor does not turn up?

The court can issue a warrant for the debtor’s arrest. The debtor can be physically brought to court and the examination rescheduled. Persistent non-attendance can result in a committal order.

Can I question a company director?

Yes. If the judgment debtor is a company, you can require an officer of the company (typically a director) to attend and answer questions about the company’s assets and means. Name the director on Form N316.

How often can I apply for an examination?

There is no limit on how often you can apply, but the court will expect a reasonable interval between applications. If the debtor’s circumstances have not changed since the last examination, the court may refuse a further order. Typically, waiting 12 months between examinations is considered reasonable.

Is the information confidential?

The answers given under the examination are part of the court record. They are available to the judgment creditor and may be used in support of further enforcement applications. They are not published publicly, but they are not confidential between the parties.

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 — the order must be handed to the debtor in person. Postal service is not valid.
• Conduct money must be offered — a reasonable sum for the debtor’s travel expenses to court.
• 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 £71 — added to the judgment debt. Apply for fee remission (EX160) if needed.

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
• Form EX160: Help with Court Fees (Fee Remission)

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.

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This guide was last updated in February 2026 and reflects the law and procedure in England and Wales. Court fees and procedures can change — always verify current information on the HMCTS website. Contains public sector information licensed under the Open Government Licence v3.0.