How to use the N349 builder
- Enter the claim. Choose the County Court or the High Court and enter the court, the claim number and the parties as named in the claim.
- Identify the judgment and the debtor. Say whether the judgment creditor is the claimant or the defendant, give the date of the judgment or order, and the judgment debtor’s name and address.
- State the debt. Enter what the judgment required the debtor to pay, the amount now due and whether it includes further interest, and whether instalments have fallen due and remain unpaid.
- Name the third party. For a bank or building society, give its name and head office, and the branch, account number and sort code, or say that they are not known. For anyone else, give their name and address.
- Give the grounds. Say whether anyone else claims the money, how the creditor knows or believes the third party owes the debtor money, and whether there have been other applications.
- Sign, download and file. Complete the statement of truth and the address for documents, download the filled N349, check it, sign it and file it with the fee.
What the application must contain
The application notice must be in Form N349, contain the information PD 72 requires and be verified by a statement of truth (CPR 72.3(2); PD 72 para 1.1). PD 72 para 1.2 lists that information: the debtor’s name and address, the judgment, the amount still due and any unpaid instalments, the third party’s name and address and, for a bank or building society, the branch and account number or the fact that they are not known, confirmation that the third party is within the jurisdiction and owes the debtor money, anyone else with a claim to the money, other applications for the same debt, and the sources or grounds of the creditor’s knowledge or belief. The court will not grant speculative applications against banks: the application must contain evidence substantiating the belief that the debtor has an account there (PD 72 para 1.3).
The interim order and the hearing
A judge deals with the application first without a hearing and may make an interim order fixing a hearing, not less than 28 days later, to consider a final order; until then the third party must not reduce what it owes the debtor below the amount in the order (CPR 72.4). That amount is the money still due under the judgment, plus the fixed costs of the application (the sum CPR 45.23 would allow if the whole balance were recovered, which is £98.50, or one-half of a balance under £150) and the court fee, which CPR 45.16(4) allows in addition (CPR 72.4(3); PD 72 para 2; PD 45 Table 7). The builder works out the figure; the judge fixes it.
Serving the interim order
Serve copies of the interim order, the application notice and any supporting documents on the third party not less than 21 days before the hearing, and on the judgment debtor not less than 7 days after service on the third party and not less than 7 days before the hearing (CPR 72.5(1)). If you serve, file a certificate of service not less than 2 days before the hearing or produce it at the hearing (CPR 72.5(2)); the free N215 builder fills it in. Enter the hearing date from the interim 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 £139 for each third party against whom the order is sought (fee 8.4(a) in the County Court, fee 7.3(a) in the High Court), so an application against two banks pays £278. Costs awarded on the application are kept out of the money recovered and treated as paid first, before the judgment debt (CPR 72.11). 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 N316 order to obtain information 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 N349: application for third party debt order (HMCTS, GOV.UK)
- CPR Part 72 (rules 72.1 to 72.8 and 72.11), also on legislation.gov.uk
- Practice Direction 72 (paras 1.1 to 1.3, 2, 3.1 to 3.2, 5 and 6)
- Practice Direction 70A (paras 1.3, 6, 7.1 and 9.1)
- CPR Part 45 (rules 45.16 and 45.23) and Practice Direction 45 (Table 7, fixed costs of enforcement)
- 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 7.3(a) and 8.4(a)) 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)