• PART 31 PART 31 — Third Party Debt Orders

    • 260. Scope and interpretation

      (1) This Part contains rules which provide for a judgment creditor to obtain an order for the payment to him of money which a third party who is within the jurisdiction owes to the judgment debtor, referred to in this Part as a "third party debt order".
      (2) In this Part "bank or deposit-taker" includes any person carrying on a business in the course of which he lawfully accepts deposits in the Abu Dhabi Global Market or the Emirate.

    • 261. Application for third party debt order

      (1) An application for a third party debt order may be made without notice.
      (2) The application must contain the information required by the relevant practice direction.

    • 262. Interim third party debt order

      (1) An application for a third party debt order will initially be dealt with by the Court without a hearing.
      (2) The Court may make an interim third party debt order —
      (a) fixing a hearing to consider whether to make a final third party debt order; and
      (b) specifying the amount of money which the third party must retain to be calculated in accordance with the relevant practice direction and directing that until that hearing the third party must not make any payment which reduces the amount he owes to the judgment debtor to less than the amount specified in the order.
      (3) An interim third party debt order becomes binding on a third party when it is served on him.

    • 263. Service of interim third party debt order

      Copies of an interim third party debt order, the application notice and any documents filed in support of it must be served on the third party and on the judgment debtor in accordance with any relevant practice direction.

    • 264. Obligations of third parties served with interim order

      (1) A bank or deposit-taker served with an interim third party debt order must carry out a search to identify all accounts held with it by the judgment debtor, and must disclose to the Court and the judgment creditor within 7 days of being served with the interim order such details and information in respect of each account held by the judgment debtor as may be required by the order and any relevant practice direction.
      (2) If the judgment debtor does not hold an account with the bank or deposit-taker or the bank or deposit-taker is unable to comply with the interim order for any other reason, the bank or deposit-taker must inform the Court and the judgment creditor of that fact within 7 days of being served with the interim order.
      (3) Any third party other than a bank or deposit-taker served with an interim third party debt order must notify the Court and the judgment creditor in writing within 7 days of being served with the order, if he claims not to owe any money to the judgment debtor or to owe less than the amount specified in the interim order.

    • 265. Final third party debt order

      (1) Subject to paragraph (2), upon the application of a judgment creditor, the Court may make a final third party debt order requiring a third party to pay to the judgment creditor —
      (a) the amount of any debt due or accruing due to the judgment debtor from the third party; or
      (b) so much of that debt as is sufficient to satisfy the judgment debt and the judgment creditor's costs of the application.
      (2) The Court will not make a final third party debt order under paragraph (1) without first making an interim third party debt order as provided under Rule 262.
      (3) In deciding whether money standing to the credit of the judgment debtor in an account to which section 44 of the Regulations relates may be made the subject of a third party debt order, any condition in section 44 of the Regulations applying to accounts and any other condition applying to the account that a receipt for money deposited in the account must be produced before any money is withdrawn will be disregarded.

    • 266. Further consideration of the application

      (1) If the judgment debtor or the third party —
      (a) objects to the Court making a final third party debt order, he must file and serve written evidence stating the grounds for his objections;
      (b) knows or believes that a person other than the judgment debtor has any claim to the money specified in the interim third party debt order, he must file and serve written evidence stating his knowledge of that matter.
      (2) If —
      (a) the third party has given notice under Rule 264(3) that he does not owe any money to the judgment debtor, or that the amount which he owes is less than the amount specified in the interim third party debt order; and
      (b) the judgment creditor wishes to dispute this,
      (c) the judgment creditor must file and serve written evidence setting out the grounds on which he disputes the third party's case.
      (3) Written evidence under paragraphs (1) and (2) must be filed and served in accordance with the relevant practice direction.
      (4) At the hearing, the Court may —
      (a) make a final third party debt order;
      (a) discharge the interim third party debt order and dismiss the application;
      (b) decide any issues in dispute between the parties, or between any of the parties and any other person who has a claim to the money specified in the interim third party debt order; or
      (c) direct a trial of any such issues, and if necessary give directions.

    • 267. Effect of a final third party debt order

      A final third party debt order shall be enforceable as an order to pay money.

    • 268. Money in Court

      (1) If money is standing to the credit of the judgment debtor in Court the judgment creditor may not apply for a third party debt order in respect of that money, but he may apply, in accordance with the relevant practice direction, for an order that the money in Court, or so much of it as is sufficient to satisfy the judgment or order and the costs of the application, be paid to him; and
      (2) If an application notice has been issued under this Rule, the money in Court must not be paid out to the judgment creditor until the application has been disposed of.