Kiteleys Solicitors

Kiteleys Solicitors. 7 St. Stephen's Court, 15-17 St. Stephen's Road, Bournemouth, Dorset. BH2 6LA. Telephone 01425 278866.
Kiteleys Solicitors is the trading style of Kiteleys Solicitors Limited registered in England and Wales, registered number 03113721. VAT Registration No: 658 8813 79.
This firm is authorised and regulated by the Solicitors Regulation Authority. A list of directors is available for inspection at our registered office.

How to obtain information from a debtor

  • Call us now on 01425 278866
    • Kiteleys Canford Cliffs 01202 708634
    • Kiteleys Highcliffe 01425 278866
    • Kiteleys Southampton 02380 909091
    • Kiteleys Wimborne 01202 849242
    • Kiteleys Ferndown 01202 875646
    • Kiteleys West Moors 01202 863933
    • Kiteleys Boscombe 01202 393506

Order to obtain information from a debtor

 

What is an order to obtain information from a debtor?

An order to obtain information is not an enforcement method against a debtor, but rather a method to determine the following:

  • Whether it is in your interests to use and enforcement method, and if so,
  • Which of the available methods would prove more fruitful.

This order can only be used once you have successfully obtained judgment.

Under this order the debtor is ordered by an officer of the court to attend court to answer questions under oath.

Information gathered can include, but is not limited to the following:

  • Details of any property owned
  • Employment status
  • Details of the employer including wages or salary
  • Details of any additional income
  • Details of bank accounts and current balances
  • Details of any dependants or outgoings from their income

 

How to apply for an order

The application process for an order to obtain information varies depending on whether the debtor is an individual or company.

 

If the debtor is an individual, Form N316 must be completed, “Application for an order that the judgment debtor attends court for questioning”. This form can be found online at hmctsformfinder.justice.gov.uk. Once you have completed Form N316 you must submit the application to the County Court Hearing Centre which covers the home address of the debtor.

 

If the debtor is a company, you should ask one of the company officers to be questioned about the affairs of the company, for example, a Director.

If you are unsure who the officers of the company are you can search the Companies Register at Companies House.

Once you have received the necessary information you should complete Form N316A.

 

 

 

 

What is needed to complete both Form N316 and N316A

The following information will be required to fully complete both forms:

  • Debtors name and address
  • Details of the judgment against the debtor
  • Any particular questions you wish to put to the debtor
  • Any particular documents you wish the debtor to bring to court

 

What the court will do with the application

The court will draw up an order on Form N39, “Order to attend for questioning”, based on the information in your application.

The order will include the following information and explanations:

  • Date, time and place the debtor needs to attend for questioning
  • Explanation that the debtor must attend and answer the questions under oath
  • Explain that the judgment debtor can ask you to provide sufficient money to cover travel expenses. This request must be made within days of receipt of the order
  • Inform the debtor that payment should be made direct to you

The order also contains a warning to the debtor that failure to attend and comply with the order can result in imprisonment.

 

Serving the debtor with the order

A copy of the order to attend for questioning must be served on the debtor personally, no less than 14 days prior to the questioning taking place.

Service can be done by you or an enforcement agent, however using an agent will incur an additional fee.

 

You must provide the court with a sworn statement, also known as an affidavit, detailing how and when the debtor was served. If service was done by someone other than you then that person must swear the affidavit and exhibit a copy of the order.

 

 

What will happen at questioning

Prior to the commencement of the questioning, the debtor will be asked to swear an oath or affirm. The court officer will then explain the purpose of the hearing and will proceed to ask the questions proposed by you.

 

During the questioning the court officer will record the debtors answers and at the end of the questioning will ask the debtor to sign the record confirming they are in fact true answers.

 

Once the questioning has finished a copy of the record will be sent to you to enable you to determine the best enforcement method to use to recover the monies owed to you by the debtor.

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Kiteleys Solicitors. 40 Haven Road, Canford Cliffs, Poole, Dorset. BH13 7LP. Telephone 01425 278866.
Kiteleys Solicitors is the trading style of Kiteleys Solicitors Limited registered in England and Wales, registered number 03113721. VAT Registration No: 658 8813 79.
This firm is authorised and regulated by the Solicitors Regulation Authority, SRA ID 401309. A list of directors is available for inspection at our registered office.