C1C2C4C5C6F1PART 71ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C2

Pt. 71 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)

C5

Pt. 71 applied (with modifications) (22.4.2014) by SI 2010/2955 rule 33.23 (as substituted by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), art. 1, rule 41 (with art. 45))

Contents of this Part

Scope of this Part

Rule 71.1

Order to attend court

Rule 71.2

Service of order

Rule 71.3

Travelling expenses

Rule 71.4

Judgment creditor’s affidavit

Rule 71.5

Conduct of the hearing

Rule 71.6

Adjournment of the hearing

Rule 71.7

Failure to comply with order

Rule 71.8

C2C4Scope of this Part71.1

This Part contains rules which provide for a judgment debtor to be required to attend court to provide information, for the purpose of enabling a judgment creditor to enforce a judgment or order against him.

C2C4Order to attend court71.2

1

A judgment creditor may apply for an order requiring—

a

a judgment debtor; or

b

if a judgment debtor is a company or other corporation, an officer of that body,

to attend court to provide information about—

i

the judgment debtor’s means; or

ii

any other matter about which information is needed to enforce a judgment or order.

2

An application under paragraph (1)—

a

may be made without notice; and

F3b

must be issued in the court F6or County Court hearing centre which made the judgment or order which it is sought to enforce, except that—

i

if the proceedings have since been transferred to a different court F7or hearing centre, it must be issued in that court; or

ii

subject to subparagraph (b)(i), if it is to enforce a judgment made in F8the F13Civil National Business Centre, it must be issued in accordance with section 2 of Practice Direction 70.

3

The application notice must—

a

be in the form; and

b

contain the information

required by F2Practice Direction 71.

4

An application under paragraph (1) may be dealt with by a court officer without a hearing.

5

If the application notice complies with paragraph (3), an order to attend court will be issued in the terms of paragraph (6).

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A person served with an order issued under this rule must—

a

attend court at the time and place specified in the order;

b

when he does so, produce at court documents in his control which are described in the order; and

c

answer on oath such questions as the court may require.

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An order under this rule will contain a notice in the following terms F4, or in terms to substantially the same effect—

  • F5If you the within-named [ ] do not comply with this order you may be held to be in contempt of court and F10punished by a fine, imprisonment, confiscation of assets or other punishment under the law.

C2C4Service of order71.3

1

An order to attend court must, unless the court otherwise orders, be served personally on the person ordered to attend court not less than 14 days before the hearing.

2

If the order is to be served by the judgment creditor, he must inform the court not less than 7 days before the date of the hearing if he has been unable to serve it.

C2C4Travelling expenses71.4

1

A person ordered to attend court may, within 7 days of being served with the order, ask the judgment creditor to pay him a sum reasonably sufficient to cover his travelling expenses to and from court.

2

The judgment creditor must pay such a sum if requested.

C2C4Judgment creditor’s affidavit71.5

1

The judgment creditor must file an affidavit(GL) or affidavits—

a

by the person who served the order (unless it was served by the court) giving details of how and when it was served;

b

stating either that—

i

the person ordered to attend court has not requested payment of his travelling expenses; or

ii

the judgment creditor has paid a sum in accordance with such a request; and

c

stating how much of the judgment debt remains unpaid.

2

The judgment creditor must either—

a

file the affidavit(GL) or affidavits not less than 2 days before the hearing; or

b

produce it or them at the hearing.

C2C4Conduct of the hearing71.6

1

The person ordered to attend court will be questioned on oath.

2

The questioning will be carried out by a court officer unless the court has ordered that the hearing shall be before a judge.

3

The judgment creditor or his representative—

a

may attend and ask questions where the questioning takes place before a court officer; and

b

must attend and conduct the questioning if the hearing is before a judge.

C2C4Adjournment of the hearing71.7

If the hearing is adjourned, the court will give directions as to the manner in which notice of the new hearing is to be served on the F11person ordered to attend court.

C2C4Failure to comply with order71.8

1

If a person against whom an order has been made under rule 71.2—

a

fails to attend court;

b

refuses at the hearing to take the oath or to answer any question; or

c

otherwise fails to comply with the order,

the court will refer the matter to a High Court judge or F9Circuit Judge.

F122

That judge may, provided the judgment creditor has complied with rules 71.4 and 71.5, hold the person in contempt of court and make an order punishing them by a fine, imprisonment, confiscation of assets or other punishment under the law.

3

If such an order is made, the judge will direct that—

a

the order shall be suspended, provided that the person—

i

attends court at a time and place specified in the order; and

ii

complies with all the terms of that order and the original order; and

b

if the person fails to comply with any term on which the order is suspended, they shall be brought before a judge to consider whether the order should be discharged.