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Compel a Debtor to Disclose Their Finances – Apply for an Order to Attend Court
When you’re owed money but lack details about a debtor’s financial situation, enforcing a judgment can become complicated. That’s where an Order for Debtor to Attend Court becomes essential.
We help creditors across England and Wales obtain court orders that compel debtors to appear in court and disclose their financial circumstances under oath — enabling you to make informed decisions about recovery.
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What Is an Order for Debtor to Attend Court?
An Order for Debtor to Attend Court for Questioning (Form N316) is a court order requiring the debtor to appear before a judge and provide full disclosure of their financial position, including:
- assets,
- income,
- outgoings,
- and liabilities.
This process gives creditors a clear picture of whether and how the debt can be recovered — and which enforcement method (such as Attachment of Earnings or Charging Order) would be most effective.
When Should You Use This Order?
This order is particularly useful when:
- You hold a County Court Judgment (CCJ) that has not been paid,
- The debtor’s financial status is unknown or unclear,
- You’re unsure which enforcement route is most viable.
It allows you to gather the key financial details needed to make strategic recovery decisions.
Speak to our teamApplication Process for an Order to Attend Court to Recover Debt
Here’s how the process works:
1. Complete Form N316
This is the official “Application for Order that Debtor Attend Court for Questioning”. It includes details of your judgment and the financial information you are seeking.
2. File at the Appropriate Court
Submit the completed form to the court that issued the judgment, or the debtor’s local County Court hearing centre.
3. Pay the Court Fee
The current fee is £65, payable upon submission.
4. Personal Service of the Order
The court will issue the order, which must be served personally on the debtor — meaning they must be handed the documents in person, typically by a process server or bailiff.
What Happens Next?
The debtor must attend court on the specified date and answer financial questions under oath. If they are uncooperative or dishonest, they may face further penalties.
If the debtor does not attend, and cannot justify their absence, the court may issue a warrant for their arrest to ensure compliance.
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Why Choose Phoenix Solicitors?
Specialist Knowledge – We have extensive experience helping creditors navigate post-judgment enforcement and use Orders to Attend Court strategically.
Practical Guidance – We handle the process end-to-end, from application to service and court hearing preparation.
Cost Transparency – We provide fixed-fee options and explain all costs upfront — no surprises, just results.
FAQs
What does an Order to Attend Court achieve?
It compels the debtor to disclose their financial details under oath, helping you assess their ability to repay the debt and choose the best enforcement route.
What happens if the debtor doesn’t attend court?
The court may issue a warrant for their arrest to ensure they comply with the order and appear at a rescheduled hearing.
Do I need a solicitor to apply for this order?
While it’s possible to apply yourself, working with a solicitor ensures the order is properly served and that the court process is handled correctly — increasing your chances of success.
Can I recover the court fee from the debtor?
Yes, the £65 application fee can typically be added to the total judgment debt.
Is there a time limit for applying after a judgment?
There is no strict time limit, but it’s advisable to act sooner rather than later — especially if you’re unsure of the debtor’s financial position.
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Ready to Enforce Your Judgment?
If you’re unsure how to proceed with enforcing a CCJ, an Order for Debtor to Attend Court may be the ideal starting point.
Get expert legal support from Phoenix Solicitors by calling us, submitting a free enquiry or by sending us an email.
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