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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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Does a freezing order and a debt order expire after 6 years

Customer Question

Does a freezing order and a debt order expire after 6 years by reason of Paragraph 24 of the Limitations Act 1980 which states. "Time limits To Enforce Judgements"
"(1) An action shall not be brought upon any judgement after the expiration of six years from the date on which it became enforceable."
If so what is the process?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****, a debt order expires after six years. However, a freezing order doesn't. YOu will have to apply to court to lift the freezing order in order to get it lifted. The time limit does not apply to a freezing order as it is an in personam order which binds the conscience of the person against whom it is granted. So you will have to go back to court to get the freezing order lifted. This is why the bank are reluctant to deal with you. They can still be bound by the order and if they release monies, they will be liable.
Expert:  Buachaill replied 1 year ago.
2. Be aware that the laps of time is generally good grounds on which to get a freezing order lifted. So long as there wasn't fraud involved (there is no time limit on fraud) in the cause of action upon which the order was based, then it should be lifted.
Expert:  Buachaill replied 1 year ago.
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Customer: replied 1 year ago.
Hi,
To continue the conversation? Your response is very reassuring. I have a debt final order dated 10th May 2015 and I think the freezing order is February 2009. Then there was an Attachment of Earnings order 7th March 2013. I appealed against the Attachment of Earnings order and lost in October 2015. I had costs awarded against me but not served? So I apply for debt order to be cancelled? Freezing order to be cancelled and attachment of earnings order to be cancelled because it enforces the 10th May 2015 debt? Can the freezing order be allowed to continue by the court because of the costs order or does the costs order require a separate enforcement?
Expert:  Buachaill replied 1 year ago.
4. You should apply to the courts to have the freezing order discharged once you have satisfied the debt order. Be aware that the attachment of earnings order is effective from October 2015 so time will only run from this date. Be aware that a freezing order will not normally be allowed to continue merely because there is an outstanding costs order. The freezing order normally only relates to the substantive claim being made in the proceedings.

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