Interim Third Party Debt Order - question

[gwynnie]

Hi Group - I have got an Interim Third Party Debt Order against a company who owes our company money. The hearing is all set for x weeks in the future. I assumed that the court would serve the order on the judgement debtor but have just read a thread somewhere else saying that we (as the judgement creditors) have to serve the order and get a certificate of service to take to the hearing.

Please, if anyone has any knowledge of this, would you clear this up for me. I need to know whether we serve it or not..

If we do serve it, is that just a case of registered post? If so, what is the Certificate Of Service?

Thanks in advance,

Gwynnie

[CleverClogs]

Re: Interim Third Party Debt Order - question

Hi Group - I have got an Interim Third Party Debt Order against a company who owes our company money. The hearing is all set for x weeks in the future. I assumed that the court would serve the order on the judgement debtor but have just read a thread somewhere else saying that we (as the judgement creditors) have to serve the order and get a certificate of service to take to the hearing.

Wouldn't it be served on the Third Party - the person or company that owes money to the debtor?

If we do serve it, is that just a case of registered post? If so, what is the Certificate Of Service?

A Certificate of Service is a statement from a Process Server that the notice or order has been delivered to the appropriate party.

[gwynnie]

Re: Interim Third Party Debt Order - question

That's what I thought... and then I read this:

72.5

(1) Copies of an interim third party debt order, the application notice and any documents filed in support of it must be served –
(a) on the third party, not less than 21 days before the date fixed for the hearing; and

(b) on the judgment debtor not less than –

(i) 7 days after a copy has been served on the third party; and

(ii) 7 days before the date fixed for the hearing.



(2) If the judgment creditor serves the order, he must either –
(a) file a certificate of service not less than 2 days before the hearing; or

(b) produce a certificate of service at the hearing.



So now I'm fairly clueless....

If I send the order to them can I not just fill in an N215 myself, or do I have to have a 'process server'? Struggling a little now with this, after having come so far...

Thanks,

Gwynnie

Wouldn't it be served on the Third Party - the person or company that owes money to the debtor?


A Certificate of Service is a statement from a Process Server that the notice or order has been delivered to the appropriate party.

[CleverClogs]

Re: Interim Third Party Debt Order - question

It looks simple enough.

With at least 21 days before the hearing, the order must be served - given to - the third party.
Delay for at least seven days - but still leave at least seven days before the hearing - then serve a copy on the defendant.

If you have served the orders yourself or if you use a process server, you must file a certificate of service two days before the hearing, or produce the same at the hearing.

It may be safer to use a process server as their skulls are normally thicker.

[gwynnie]

Re: Interim Third Party Debt Order - question

But the court have sent all the orders out... I *think* what it's saying is that if I wanted to serve it myself, I could... Don't think it's saying that I have to...

This is from Form EX325 (with reference to the Interim Order...):

'A copy will be sent to you and the third party by first class post. A copy is not sent to the judgement debtor until seven days after it has been sent to the third party.

If you want the third party debt order to reach the recipient on a certain date you have the option to serve it yourself. You must file the form N215 certificate of service not less than two days before the hearing or produce a certificate of service at the hearing.'


So what I reading is that the court will serve it unless you want to. At least, that's what I hope I'm reading. The last thing I want is to get to the Final Hearing and the judge to ask me for a Certificate of Service...

The hearing can't come soon enough, want to see the back of it!

Ta,

Gwynnie

It looks simple enough.

With at least 21 days before the hearing, the order must be served - given to - the third party.
Delay for at least seven days - but still leave at least seven days before the hearing - then serve a copy on the defendant.

If you have served the orders yourself or if you use a process server, you must file a certificate of service two days before the hearing, or produce the same at the hearing.

It may be safer to use a process server as their skulls are normally thicker.