How to Complete Form N349: Application for a Third Party Debt Order

To complete Form N349, the application for a third party debt order in England and Wales, fill in the claim number and party details from the original case, set out the judgment date and the outstanding balance including 8% statutory interest, identify the bank or building society holding the debtor’s funds, sign the statement of truth, and file the form at the County Court with the £135 fee. The form is the opening step of a two-stage process under Part 72 of the Civil Procedure Rules: an interim order that freezes the account without warning, then a final hearing at least 28 days later.¹ Download the current version of the form from GOV.UK before you start.²

Information to Gather Before You Open the Form

Have every one of these details in front of you before you write anything. A missing field is the fastest way to have the application rejected by the court office.

The claim number from the original proceedings.
The date the judgment was entered and the total amount originally awarded.
The amount still unpaid, with interest added. Judgment debts carry simple interest at 8% per year under the Judgments Act 1838, a rate that has been in place since April 1993.
The full legal name and address of the bank or building society where the debtor holds funds, plus the branch and account number if you know them.
The judgment debtor’s last known residence or business address.

Practice Direction 72 lists the required information in full, and the form itself prompts you through each field.³

Filling In the Form Section by Section

Parties and Claim Number

The form opens with the claim number and the names and addresses of everyone involved: you as the judgment creditor, the judgment debtor, and the third party bank or building society. Copy each of these exactly as they appeared in the original proceedings. A mismatch between your application and the court file produces avoidable delays.

Judgment Details and Outstanding Balance

The next section asks for the date of the judgment, the amount originally awarded, and the balance still unpaid. Add accrued interest at the 8% statutory rate, running as simple interest from the judgment date until payment. If the debtor has already made partial payments, deduct them and show the arithmetic clearly enough that the judge can follow it without guesswork.

Identifying the Third Party

For a bank or building society, give the institution’s name and the address of the branch where you believe the account is held. Include the account number if you have it. If you know the bank but not the branch, use the head office address. The court sends the interim order to the address you supply, so accuracy here matters more than almost anywhere else on the form.³

Statement of Truth

The form finishes with a statement of truth. Sign and date it. This is a legal declaration that everything in the application is accurate to the best of your knowledge. Under CPR Part 32.14, anyone who makes a false statement verified by a statement of truth without honest belief in its accuracy can face contempt of court proceedings.⁴

Where to File and What It Costs

Send the completed Form N349 to the County Court hearing centre where the original judgment was entered, or to the court local to where the debtor lives or carries on business. You can file by post or hand-deliver the papers to the public counter. Bring enough copies for the court file, the third party, and the judgment debtor.

The court fee is £135. A separate fee applies for each party you seek an order against, so if you are targeting accounts at two different banks, you pay twice.¹ Check the current EX50 schedule before submitting, as fees are updated periodically. Courts accept cheques and postal orders, and some locations also accept credit or debit cards.

The fixed costs of your application can be added to what you recover from the debtor. The interim order will specify a sum covering both the outstanding judgment debt and your fixed costs, calculated under CPR Rule 45.23.⁵

What Happens After You File

The Interim Order

Once the fee is paid and the application is filed, a judge reviews it in private, without a hearing and without notifying the debtor. The secrecy is deliberate. If the debtor knew the application was coming, the account could be emptied before anything was frozen.⁵ If the judge is satisfied, an interim third party debt order is issued and the bank must hold the specified sum, covering the unpaid judgment debt plus your fixed costs, until the final hearing.

Serving the Interim Order

The service deadlines under CPR Rule 72.5 are strict. The bank must receive the interim order, your application notice, and the supporting documents at least 21 days before the final hearing. The judgment debtor must be served with the same papers no less than 7 days after the bank has been served, and no less than 7 days before the hearing.⁵ In practice, serve the bank first and immediately, then serve the debtor at least a week later.

The Final Hearing

The final hearing is held at the County Court no sooner than 28 days after the interim order.⁵ The judge considers any objections from the debtor or the bank. If none stands up, the order is made final and the bank pays the frozen funds directly to you. Once the bank pays, it is discharged from any liability to the debtor for that amount.

Situations That Can Reduce or Block Your Recovery

Three points affect whether the money you expect actually reaches you. Confirm each before you file.

Joint accounts. A third party debt order generally cannot reach funds in a joint account if the debt is owed by only one of the account holders. The money in the joint account is not treated as owed by the bank to the debtor alone. If the debt is a joint obligation held by the same people who share the account, the order can attach. Check the account status before filing; targeting a joint account for a sole debt wastes both the court fee and your time.

Hardship applications. If the debtor is an individual and needs the frozen funds for ordinary living expenses such as rent, food, and bills, they can apply for a hardship payment order releasing some or all of the money.⁵ The debtor must serve the hardship application on you at least two days before the court deals with it, unless the court directs otherwise.³ Judges take these claims seriously where the balance is modest.

The bank’s administrative fee. Banks and building societies can charge the debtor an administrative fee for processing the order, currently £55, deducted from the debtor’s account on top of the frozen sum.⁶ It does not come out of what you are owed, but if the account holds barely enough to cover the judgment, the bank’s fee can push the balance into a shortfall and leave you with a partial recovery.

1
GOV.UK. Civil Court Fees (EX50)
2
GOV.UK. Form N349 – Apply to the Court for a Third-Party Debt Order
3
Justice UK. Practice Direction 72 – Third Party Debt Orders
4
Justice UK. Part 32 – Evidence
5
Justice UK. Part 72 – Third Party Debt Orders
6
GOV.UK. Hearing the Application for a Final Third Party Debt Order