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))

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 F10Civil 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).

C36

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.

C37

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 F9punished by a fine, imprisonment, confiscation of assets or other punishment under the law.