The Civil Procedure (Amendment No. 4) Rules 2001

Arrangements for debtors in hardship

72.7—(1) If—

(a) a judgment debtor is an individual;

(b) he is prevented from withdrawing money from his account with a bank or building society as a result of an interim third party debt order; and

(c) he or his family is suffering hardship in meeting ordinary living expenses as a result,

the court may, on an application by the judgment debtor, make an order permitting the bank or building society to make a payment or payments out of the account (“a hardship payment order”).

(2) An application for a hardship payment order may be made—

(a) in High Court proceedings, at the Royal Courts of Justice or to any district registry; and

(b) in county court proceedings, to any county court.

(3) A judgment debtor may only apply to one court for a hardship payment order.

(4) An application notice seeking a hardship payment order must—

(a) include detailed evidence explaining why the judgment debtor needs a payment of the amount requested; and

(b) be verified by a statement of truth.

(5) Unless the court orders otherwise, the application notice—

(a) must be served on the judgment creditor at least 2 days before the hearing; but

(b) does not need to be served on the third party.

(6) A hardship payment order may—

(a) permit the third party to make one or more payments out of the account; and

(b) specify to whom the payments may be made.