Rule 72.7 Arrangements for debtors in hardshipC1F1
If—
a judgment debtor is an individual;
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
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”).
A judgment debtor may only apply to one court for a hardship payment order.
An application notice seeking a hardship payment order must—
include detailed evidence explaining why the judgment debtor needs a payment of the amount requested; and
be verified by a statement of truth.
Unless the court orders otherwise, the application notice—
must be served on the judgment creditor at least 2 days before the hearing; but
does not need to be served on the third party.
A hardship payment order may—
permit the third party to make one or more payments out of the account; and
specify to whom the payments may be made.
Annotations
Textual amendments
- F1
Pt. 72 inserted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 3 (with savings in rule 24 and S.I. 2001/4015, rule 43(2))
- F2
Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(iii); S.I. 2014/954, art. 2(a)
- F3
Words in rule 72.7(2)(b) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 32(b) (with rule 41(2)-(5)); S.I. 2014/954, art. 2(a)
Modifications
- C1
Pt. 72 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)
Notes on Part 72
Modifications
- C1
Pts. 70-74 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)
- C3
Pt. 72 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.24 (with rules 2.1, 33.1(1)) (as amended by S.I. 2014/667, rules 1, 423 (with rule 45)
- C4
Pt. 72 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(c), 24.6(1)