In a 3rd party debt order, the creditor applies without notice, and an interim order directs the third party to pay the debt to the judgment creditor.

• A. True
• B. False
• C. Only if the debtor consents.
• D. It does not involve interim orders.

Answer: (A)

A third party debt order works by allowing a judgment creditor to reach money owed to the debtor by a third party without informing the debtor at the outset. The creditor applies to the court without notice to the debtor, and the court typically grants an interim order (an order nisi) directing the garnishee to pay the debt to the judgment creditor. This interim direction binds the third party while the matter proceeds, and it does not require the debtor’s consent. The debtor or garnishee can later challenge or raise defenses, but the initial step is to secure funds quickly through an ex parte application.