Third Party Debt Orders

Third Party Debt Orders, previously known as 'garnishee orders', can be used to recover debts from a third party when a debtor won't pay or where obtaining payment by another method is more difficult or costly.

Date: March 2008

Third Party Debt Orders, previously known as ‘garnishee orders’, can be used to recover debts from a third party when a debtor won’t pay or where obtaining payment by another method is more difficult or costly.

The specialist debt recovery team at Furley Page Solicitors acted on behalf of a self employed painter and decorator who was not paid for work verbally agreed which went beyond the initial written contract. The defendant was refurbishing her home for sale before emigrating to Australia.

A claim to recover the unpaid sum was started; but her defence said that our client had done a lot more than he was contracted to do which had not been requested or agreed and consequently the defendant argued she was not liable.

The case went to trial and was successful for our client; judgment was granted together with fixed legal costs. By this time the defendant had moved to Australia and the cost would have been more than £2,000 for the overseas agent’s fee alone – none of which would be recoverable. We made a Third Party Debt Order against her UK bank for the full amount outstanding under the judgment. We obtained the funds from them. In doing so we saved our client substantial funds that would have been spent on foreign legal and agent’s fees – again, not recoverable.

For more information, email Martin Kingman, Debt Recovery Manager.

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