Form N349: How to Apply for a Third Party Debt Order (2026 Guide)

You have a County Court Judgment in your favour, but the debtor has not paid. You know — or suspect — they have money sitting in a bank account. A third party debt order is the enforcement method that freezes the debtor’s bank account and directs the bank to pay the money directly to you. The debtor does not know about it until the account is already frozen.

Formerly known as a garnishee order, the third party debt order is governed by CPR Part 72 and is one of the most effective enforcement tools available — if you know where the debtor banks. Form N349 is the application that starts the process. This guide explains how it works, when to use it, how to complete the form, and what happens at each stage.

Download Form N349

Form N349 (Application for a Third Party Debt Order) is available from HMCTS:

• Download Form N349 from GOV.UK — Application for a third party debt order (PDF)

What Is a Third Party Debt Order?

A third party debt order is a court order that requires a third party — typically a bank or building society — to pay money they hold for the judgment debtor directly to you, the judgment creditor. The “third party” is anyone who owes money to, or holds money for, the debtor.

In practical terms, the order freezes the debtor’s bank account, captures whatever funds are in it at the moment the order is served on the bank, and — if the court makes the order final — directs the bank to pay those funds to you.

The key tactical advantage is the element of surprise. The application is made without notice to the debtor. The first stage happens on paper, without a hearing. The bank is served and must freeze the account before the debtor is told. By the time the debtor discovers the order, the money is already locked.

When Is a Third Party Debt Order Appropriate?

A third party debt order is ideal when:

• You know the debtor’s bank — ideally with the account number and sort code
• The debtor is likely to have money in the account at the time of service
• The element of surprise matters — the debtor may move money if warned
• The judgment debt is large enough to justify the £119 court fee plus the bank’s processing fee
• Other enforcement methods have failed — bailiffs found no goods, or the debtor has no property for a charging order

A third party debt order is less suitable when:

• You do not know the debtor’s bank — consider an order to obtain information (Form N316) first to discover their financial details
• The account is likely to be empty or overdrawn — the order only captures what is in the account at one moment in time
• The account is a joint account — the court can only order payment of the debtor’s share (typically 50%)
• You need ongoing payments rather than a one-off capture — consider an attachment of earnings order instead
• The debt is very small — the £119 court fee plus approximately £55 bank processing fee may be disproportionate

The Two-Stage Process

A third party debt order is obtained in two stages:

Stage 1: Interim Third Party Debt Order (CPR 72.4)

You apply using Form N349. The court considers your application without a hearing and without notice to the debtor. If satisfied, a district judge makes an interim third party debt order. This is a temporary order that:

• Freezes the debtor’s account — the bank must not allow any withdrawals that reduce the balance below the amount specified in the order
• Requires the bank to disclose how much is in the account, whether it is joint, and whether any other claims exist on the funds
• Fixes a hearing date — typically 28 days later — to decide whether to make the order final

Stage 2: Final Third Party Debt Order (CPR 72.8)

At the hearing, the court considers whether to make the interim order final. The debtor can attend and object. The court may:

• Make the order final — the bank pays the frozen funds directly to you
• Discharge the order — the money is released back to the debtor
• Make a different order — for example, partial payment or an adjournment

If the order is made final, the bank pays the frozen amount (up to the judgment debt plus costs and interest) directly to you. The bank deducts its own processing fee — typically around £55 — before paying the remainder.

The Court Fee

The current fee for applying for a third party debt order is £119. 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.

Service Rules — The Sequence Matters

The service sequence is critical and designed to preserve the element of surprise:

1. Serve on the bank FIRST — at least 21 days before the hearing. From the moment the bank receives the order, it must freeze the account
2. Serve on the debtor SECOND — at least 7 days after service on the bank, and at least 7 days before the hearing

This deliberate delay ensures the account is frozen before the debtor knows about it. The debtor discovers the freeze only after it has already happened. Getting the sequence or timing wrong can invalidate the entire process.

What Information Do You Need?

Before applying, you need:

Essential

• An enforceable judgment for a sum of money
• The amount still outstanding (original judgment, less any payments received, plus interest)
• The name of the bank or building society

Helpful But Not Essential

• The debtor’s account number and sort code
• The branch address where the account is held
• Whether the account is sole or joint

You do not need to know every detail. If you name the bank but not the specific branch or account number, the bank is still required to search for accounts in the debtor’s name. However, providing as much detail as possible increases the likelihood of capturing funds.

How to Find the Debtor’s Bank Details

• Order to obtain information (Form N316) — the debtor answers under oath about their bank accounts. This is the most reliable source
• Previous payments — if the debtor previously paid you by cheque or bank transfer, your records will show the originating bank
• Correspondence or invoices — business debtors often include bank details on invoices and stationery
• Information from proceedings — disclosure documents or financial statements filed during the case
• Companies House — company accounts may reference banking arrangements

Step-by-Step: How to Complete Form N349

Header: Case Details

Enter the court name, claim number, claimant name, and defendant name — exactly as they appear on the judgment.

Section 1: Application

This states that you (the judgment creditor) apply for a third party debt order. Name the third party (the bank or building society) and provide their address. If you do not know the specific branch, use the bank’s head office or process agent address — the bank will search all branches for accounts in the debtor’s name.

Section 2: Judgment Details

Provide:

• Date of the judgment
• The court that made the judgment
• The original judgment amount
• The amount currently owing — original sum, less any payments received, plus accrued interest
• The daily rate of interest

Judgment interest accrues at 8% per annum simple interest from the date of judgment (County Courts Act 1984, section 74). On a £10,000 judgment, that is approximately £2.19 per day.

Section 3: The Debtor’s Account

This is the most critical section. Provide as much as you know:

• Name of the bank or building society
• Branch address (if known)
• Account number (if known)
• Sort code (if known)
• Type of account — current, savings, or deposit
• Name(s) the account is held in — sole or joint

Section 4: Sources of Information

Explain how you obtained the debtor’s bank details. The court requires transparency. Common sources include:

• “The debtor disclosed their bank details during a Part 71 examination on [date]”
• “The debtor made a payment to me from this account on [date]”
• “The debtor’s bank details appear on their invoice dated [date]”

Simply writing “I know” is insufficient. Be specific.

Section 5: Other Creditors and Other Matters

State whether you are aware of any other creditors who have obtained judgment against the debtor, and whether there are other enforcement proceedings pending. This section also allows you to provide any additional information relevant to the application — use it to explain why the order should be made.

Section 6: Statement of Truth

Sign and date confirming the information is true. An unsigned form will be rejected.

What Happens After the Interim Order

1. The court sends you the interim order — with the hearing date and directions for service
2. Serve the order on the bank — at least 21 days before the hearing. The bank immediately freezes the account
3. The bank responds — disclosing how much is in the account, whether it is joint, and whether any other claims exist
4. Serve the order on the debtor — at least 7 days after serving the bank, and at least 7 days before the hearing
5. Attend the hearing — approximately 28 days after the interim order. The court decides whether to make it final
6. If final — the bank pays the frozen funds to you (minus the bank’s processing fee)

Joint Accounts

If the debtor’s account is a joint account, the third party debt order can only capture the debtor’s share of the money. The court typically presumes equal ownership — so for a joint account with two holders, you can capture 50% of the balance.

The co-holder can attend the hearing and argue that their share should be released. If you know the account is joint, prepare for this. Gather any evidence about who actually deposited the funds — if the debtor is the primary earner and the co-holder has no income, the debtor’s share may be more than 50%.

Hardship

Under CPR 72.7, the debtor can apply for a hardship payment to be released from the frozen funds. This is to prevent extreme hardship — for example, the debtor cannot pay rent or buy food because their only account is frozen.

The debtor must provide evidence of hardship. The court has discretion to release some funds for immediate needs while keeping the remainder frozen pending the hearing. If the debtor has other accounts or sources of income, the hardship argument is weaker.

Timing Your Application

The interim order captures whatever is in the account at the moment the order is served on the bank. It does not capture future deposits. This makes timing critical:

• If the account is empty when the order is served, you get nothing
• If the debtor’s salary lands on the 25th of each month, serving the order on the 26th captures the salary before the debtor spends it
• If you served a Part 71 order, the debtor may have disclosed their salary payment dates — use this intelligence

Do not tip off the debtor. The entire point of the without-notice application is surprise. If you write a letter threatening to freeze their account, the debtor will empty it immediately.

Common Mistakes on Form N349

• Not knowing the debtor’s bank — filing an N349 without any account information is pointless. Start with Form N316 (Order to Obtain Information) to discover their banking details first
• Naming the wrong bank — if the debtor has changed banks since your information was obtained, the order captures nothing. Verify the information is current
• Not including accrued interest — judgment interest at 8% per annum is your statutory entitlement. Calculate it and include it in Section 2
• Poor timing — filing when the account is likely empty (e.g., just after rent day) means you freeze nothing. Time your application to coincide with income deposits if possible
• Wrong service sequence — bank first (21 days before hearing), debtor second (7 days after bank service). Getting this wrong invalidates the process
• Not attending the hearing — if the debtor argues hardship and you are not there to respond, the court may discharge the order
• Tipping off the debtor — never tell the debtor you are applying. The element of surprise is the whole point
• Forgetting the bank’s processing fee — banks charge approximately £55 for processing the order. This comes from the frozen funds, reducing what you receive
• Not completing the statement of truth — an unsigned form is rejected
• Relying on this method alone — if the account does not hold enough, you need a backup strategy. Consider combining with a charging order or warrant of control

Choosing the Right Enforcement Method

Different enforcement methods suit different situations. For a full comparison, see the guide to enforcing a County Court Judgment. In summary:

• Third party debt order (N349) — best when you know the debtor’s bank and they have money in the account. One-off capture with the element of surprise
• Warrant of control (N323) — best when the debtor has physical goods worth seizing, or the threat of bailiffs will prompt payment
• Charging order (N379) — best when the debtor owns property and you want long-term security rather than immediate payment
• Attachment of earnings (N337) — best when the debtor is in regular PAYE employment and you want ongoing monthly deductions

Combination strategies are often most effective. Capture available cash with an N349 now, and secure the balance with a charging order on property. Or use a Part 71 examination first to discover assets, then apply the right enforcement method based on confirmed intelligence.

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Frequently Asked Questions

Do I need to know the debtor’s account number?

It helps significantly, but it is not strictly required. You must identify the bank or building society. If you name the bank without a specific account number, the bank is still required to search for accounts in the debtor’s name. Providing the account number and sort code makes the process faster and more certain.

Will the debtor know I am applying?

No. The interim order is made without notice to the debtor. The account is frozen before the debtor is informed. This is the key tactical advantage — the debtor cannot move money out before the order takes effect.

What if the bank account is empty?

If the account contains no funds at the moment the interim order is served on the bank, you receive nothing. The order is a snapshot of the balance at one point in time — it does not capture future deposits. Timing your application is important.

What happens with joint bank accounts?

If the frozen account is a joint account, the court can only order payment of the debtor’s share. The court typically presumes equal ownership unless evidence shows otherwise. The co-holder can attend the hearing to protect their share.

Does the bank charge a fee?

Yes. Banks typically charge approximately £55 for processing a third party debt order. This is deducted from the frozen funds before the remainder is paid to you.

Can I apply against more than one bank at the same time?

Yes. You can file separate applications against multiple banks simultaneously. Each application requires its own Form N349 and its own court fee (£119 per application). This is useful if you are unsure which bank holds the debtor’s primary funds.

How long does the whole process take?

From filing the application to the hearing is typically around 28 days. If the order is made final, the bank processes payment within a few working days. Total time from application to money in your account: approximately 5-6 weeks if everything proceeds smoothly.

Key Points to Remember

• A third party debt order freezes the debtor’s bank account — the bank pays the money directly to you. The debtor does not know until the account is already frozen.
• The process has two stages: interim order (on paper, without notice to the debtor) then final order (hearing, debtor can object).
• Service sequence is critical: bank first (21 days before hearing), debtor second (7 days after bank). Getting this wrong invalidates the process.
• You need to know the debtor’s bank — if you do not, start with an order to obtain information (Form N316) to discover their financial details.
• Timing matters: the order captures whatever is in the account at the moment of service. Time your application to coincide with salary or income deposits.
• The court fee is £119 — plus approximately £55 bank processing fee. Apply for fee remission (EX160) if needed.
• Never tip off the debtor — the element of surprise is the entire tactical advantage. If the debtor knows, they will empty the account.

Related Guides

• How to Enforce a County Court Judgment
• Form N323: Warrant of Control (Bailiffs)
• Form N379: Charging Order on Property
• Form N225: How to Apply for Default Judgment
• Form N244: How to File an Application Notice
• Form EX160: Help with Court Fees (Fee Remission)

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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.