How to use the N316 builder
- Choose the form. Choose an individual judgment debtor (Form N316) or a company or corporation whose officer is to be questioned (Form N316A), and the County Court or the High Court.
- Enter the claim and the judgment. Enter the court, the claim number and the parties, whether the creditor is the claimant or the defendant, the date of the judgment, and the debtor’s name and address.
- Name the officer. For a company, give the name, address and position of the officer you want ordered to attend.
- State the judgment. For a money judgment, enter what it required the debtor to pay and the amount now owing; for any other judgment, what it required the debtor to do.
- Choose the questioning. Say whether you will attach extra questions or a list of documents, whether you ask for a judge (with your reasons), and who will serve the order.
- Sign, download and file. Complete the statement of truth and the address for documents, download the filled form, check it, sign it and file it with the fee and any lists.
N316 or N316A
Form N316 is used to question an individual judgment debtor, and Form N316A to question an officer of a company or other corporation (PD 71 para 1.1). The two forms are the same except that N316A adds a section for the officer’s name, address and position in the company (PD 71 para 1.2(4)) and numbers the later sections one higher; the court officer uses Form EX140 for an individual and EX141 for a company officer (PD 71 para 4.1).
What the application must contain
The debtor’s name and address, the judgment or order, the amount presently owed under a money judgment, the officer’s details for a company, any request for questioning before a judge with the reasons, any specific documents to be produced, and, for a judgment that is not for money, the matters about which the debtor is to be questioned (PD 71 para 1.2). Sections 3 to 5 of N316 (4 to 6 of N316A) are completed only if they apply; the builder strikes through those that do not.
Serving the order, travelling expenses and the affidavit
Serve the order personally not less than 14 days before the hearing, unless the court orders otherwise (CPR 71.3(1)), by yourself, a High Court enforcement officer or a County Court bailiff (PD 71 para 3). The person ordered may ask for travelling expenses within 7 days of (deemed) service (CPR 71.4; CPR 6.26). File your affidavit of service, travelling expenses and the amount unpaid not less than 2 days before the hearing, or produce it at the hearing (CPR 71.5). Enter the hearing date from the order and the builder sets out the dates, counting clear days (CPR 2.8).
The court fee and the fixed costs
The court fee is £69 (fee 8.3 in the County Court, 7.2 in the High Court), plus £139 if a County Court bailiff serves the order (fee 8A.1). The fixed costs of attending questioning before a court officer are £15 for each half hour or part (PD 45 Table 7). On a County Court judgment that carries interest, examining the debtor stops the interest unless it produces no payment (County Courts (Interest on Judgment Debts) Order 1991 art 4(1) and (2)). For every enforcement fee and fixed sum, see the civil court fees calculator and the fixed costs lookup.
Related tools
- The enforcement options calculator: every method side by side, with the fees and fixed costs
- Other enforcement forms: the N349 third party debt order builder and the N337 attachment of earnings builder
- Interest: the judgment interest calculator
- Every free tool in one place: costs help for solicitors
Sources
- Form N316: application for order that debtor attend court for questioning (HMCTS, GOV.UK)
- Form N316A: application for order that officer of the debtor company attend court for questioning (HMCTS, GOV.UK)
- CPR Part 71 (rules 71.2 to 71.6 and 71.8), also on legislation.gov.uk
- Practice Direction 71 (paras 1.1 to 5.2)
- Practice Direction 70A (paras 1.3, 6, 7.1 and 9.1)
- CPR Part 45 (rule 45.23) and Practice Direction 45 (Tables 6 and 7, fixed costs of enforcement)
- County Courts Act 1984, section 133 (proof of service by an officer of the court)
- Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, regulation 7
- Civil Proceedings Fees Order 2008, Schedule 1 (fees 7.2, 8.3 and 8A.1) and HMCTS’s EX50 fees list
- County Courts (Interest on Judgment Debts) Order 1991, article 4
- Practice Direction 22 (who signs a statement of truth, paras 3.1 to 3.9)