The Civil Procedure Rules 1998

Mode of service E+W

Rule 2—(1) Subject to paragraph (2), a judgment summons shall be served personally on every debtor against whom it is issued.

(2) Where the judgment creditor or [F1 the judgment creditor’s] solicitor gives a certificate for postal service in respect of a debtor residing or carrying on business within the district of the court, [F2 the judgment summons will], unless the district judge otherwise directs, be served on that debtor by F3 ... the court [F4 sending it to the debtor] by first-class post at the address stated in the request for the judgment summons and, unless the contrary is shown, [F5 the date of service is] deemed to be the seventh day after the date on which the judgment summons was sent to the debtor.

(3) Where a judgment summons has been served on a debtor in accordance with paragraph (2), no order of commitment shall be made against him unless—

(a) he appears at the hearing; or

[F6 (b) it is made under section 110(2) of the Act.]

[F7 (4) The written evidence on which the judgment creditor intends to rely must be served with the judgment summons.]

Textual Amendments

F1 Words in Sch. 2 CCR Order 28 rule 2(2) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 41(a)(i)

F2 Words in Sch. 2 CCR Order 28 rule 2(2) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 41(a)(ii)

F3 Words in Sch. 2 CCR Order 28 rule 2(2) omitted (1.10.2008) by virtue of The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 41(a)(iii)

F4 Words in Sch. 2 CCR Order 28 rule 2(2) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 41(a)(iv)

F5 Words in Sch. 2 CCR Order 28 rule 2(2) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 41(a)(v)

F6 Sch. 2 CCR Order 28 rule 2(3)(b) substituted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 39(b)(i)

F7 Sch. 2 CCR Order 28 rule 2(4) substituted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 39(b)(ii)

Modifications etc. (not altering text)

C1 Sch. 2 CCR Order 28 rule 2 excluded (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.18(1) (with rules 2.1, 33.1(1))

C2 Sch. 2 CCR Order 28 rule 2 applied (with modifications) (23.12.2011) by The Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011 (S.I. 2011/2866), arts. 1(2), 8(1)(2), Sch. 2