An application for the issue of a judgment summons may be made to the F92County Court hearing centre which serves the address where the debtor resides or carries on business or, if the summons is to issue against two or more persons jointly liable under the judgment or order sought to be enforced, in the F92County Court hearing centre which serves the address where any of the debtors resides or carries on business.

The judgment creditor shall make F93the application by filing a request in that behalf certifying the amount of money remaining due under the judgment or order, the amount in respect of which the judgment summons is to issue and that the whole or part of any instalment due remains unpaid.

The judgment creditor must file with the request all written evidence on which F94the judgment creditor intends to rely.

This rule applies where the name or address of the judgment creditor or debtor as given in the request for the issue of a judgment summons differs from that person’s name or address in the judgment or order sought to be enforced.

If the judgment creditor files a witness statement that satisfies the court officer that the name or address as given in the request is applicable to the person concerned, the judgment creditor or the debtor will be described in the judgment summons as “CD of [name and address as given in the request] suing [or sued] as AD of [name and address in the judgment or order]”.

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

Where the judgment creditor or F64the judgment creditor’s solicitor gives a certificate for postal service in respect of a debtor residing or carrying on business F95at an address which is served by the County Court hearing centre, F65the judgment summons will, unless the F91District Judge otherwise directs, be served on that debtor by F66... the court F67sending 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, F68the date of service is deemed to be the seventh day after the date on which the judgment summons was sent to the debtor.

The written evidence on which the judgment creditor intends to rely must be served with the judgment summons.

F30The judgment summons and written evidence must be served not less than 14 days before the day fixed for the hearing.

A notice of non-service F69will be sent pursuant to CPR rule F706.18 in respect of a judgment summons which has been sent by post under rule 2 (2) and has been returned to the court F71... undelivered.

CPR rules 7.5 and 7.6 F72... apply, with the necessary modifications, to a judgment summons as they apply to a claim form.

Order 27, rules 7B and 8, shall apply, with the necessary modifications, to an order made under section 110 (1) of the Act for the attendance of the debtor at an adjourned hearing of a judgment summons as they apply to an order made under section 23 (1)of the Attachment of Earnings Act 1971278 for the attendance of the debtor at an adjourned hearing of an application for an attachment of earnings order.

An order made under section 110(1) of the Act must be served personally on the judgment debtor.

At the time of service of the order there shall be paid or tendered to the debtor a sum reasonably sufficient to cover F98the debtor’s expenses in travelling to and from the court, unless such a sum was paid F99... at the time of service of the judgment summons.

The debtor may not be compelled to give evidence.

If on the hearing of a judgment summons a committal order is made, the F101court may direct execution of the order to be suspended to enable the debtor to pay the amount due.

A note of any direction given under paragraph (1) shall be entered in the records of the court and notice of the suspended committal order shall be sent to the debtor.

Where a judgment summons is issued in respect of one or more but not all of the instalments payable under a judgment or order for payment by instalments and a committal order is made and suspended under paragraph (1), the judgment or order shall, unless the F102court otherwise orders, be suspended for so long as the execution of the committal order is suspended.

Where execution of a committal order is suspended under paragraph (1) and the debtor subsequently desires to apply for a further suspension, the debtor shall attend at or write to the court office and apply for the suspension F103desired, stating the reasons for F104the debtor’s inability to comply with the terms of the original suspension, and the court shall fix a day for the hearing of the application by the F105court and give at least 3 days' notice thereof to the judgment creditor and the debtor.

The F91District Judge may suspend execution of the committal order pending the hearing of an application under paragraph (4).

Where on the hearing of a judgment summons, the F106court makes a new order for payment of the amount of the judgment debt remaining unpaid, there shall be included in the amount payable under the order for the purpose of any enforcement proceedings, otherwise than by judgment summons, any amount in respect of which a committal order has already been made and the debtor imprisoned.

No judgment summons under the new order shall include any amount in respect of which the debtor was imprisoned before the new order was made, and any amount subsequently paid shall be appropriated in the first instance to the amount due under the new order.

Notice of the result of the hearing of a judgment summons on a judgment or order of the High Court shall be sent by the F90County Court to the High Court.

If a committal order or a new order for payment is made on the hearing, the office copy of the judgment or order filed in the F90County Court shall be deemed to be a judgment or order of the court in which the judgment summons is heard.

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A judgment creditor desiring a warrant to be issued pursuant to a committal order shall file a request in that behalf.

Where two or more debtors are to be committed in respect of the same judgment or order, a separate warrant of committal shall be issued for each of them.

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Where, after the debtor has been lodged in prison under a warrant of committal, payment is made of an amount less than the sum on payment of which the debtor is to be discharged, then subject to paragraph (3), paragraph (1)(a) and (b) shall apply with the substitution of references to a notice of payment for the references to a certificate of payment and paragraph (1)(c)shall apply with the omission of the requirement to make and sign a certificate of payment.

Where, after the making of a payment to which paragraph (2) relates, the balance of the sum on payment of which the debtor is to be discharged is paid, paragraph (1) shall apply without the modifications mentioned in paragraph (2).

Where the judgment creditor lodges with F113court a request that a debtor lodged in prison under a warrant of committal may be discharged from custody, F113court shall make an order for the discharge of the debtor in respect of the warrant of committal and the court shall send the gaoler a certificate of discharge.

Where a debtor who has been lodged in prison under a warrant of committal desires to apply for F114... discharge under section 121 of the Act, the application shall be made to the judge in writing and without notice showing the reasons why the debtor alleges that F115the debtor is unable to pay the sum in respect of which F115the debtor has been committed and ought to be discharged and stating any offer which F115the debtor desires to make as to the terms on which F114... discharge is to be ordered, and Order 27, rule 8 (3) and (4), shall apply, with the necessary modifications, as it applies to an application by a debtor for F114... discharge from custody under section 23 (7) of the Attachment of Earnings Act 1971279.

If in a case to which paragraph (2) relates the debtor is ordered to be discharged from custody on terms which include liability to re-arrest if the terms are not complied with, the F116court may, on the application of the judgment creditor if the terms are not complied with, order the debtor to be re-arrested and imprisoned for such part of the term of imprisonment as remained unserved at the time of discharge.

Where an order is made under paragraph (3), a duplicate warrant of committal shall be issued, indorsed with a certificate signed by the court officer as to the order of the judge.

A debtor who desires to obtain an administration order under Part VI of the Act shall file a request in that behalf F119at the County Court hearing centre which serves the address where the debtor resides or carries on business.

Where on F120... examination under F34CPR Part 71, or otherwise, a debtor furnishes to the court on oath a list of F120... creditors and the amounts F121owed to them respectively and sufficient particulars of F120... F122the debtor’s resources and needs, the court may proceed as if the debtor had filed a request under paragraph (1).

Where a debtor is ordered to furnish a list under section 4 (1)(b) of the said Act of 1971, then, unless otherwise directed, the list shall be filed within 14 days after the making of the order.

The question whether an administration order should be made, and the terms of such an order, may be decided by the court officer in accordance with the provisions of this rule.

Where no objection under paragraph (2)(a) or (c) is received within the time stated, the court officer may make an administration order providing for payment in full of the total amount of the debts included in the list.

Where the debtor or a creditor notifies the court of any objection within the time stated, the court officer shall fix a day for a hearing at which the F129court will decide whether an administration order should be made and the court officer shall give not less than 14 days' notice of the day so fixed to the debtor and to each creditor mentioned in the list provided by the debtor.

Where the court officer is unable to fix a rate under paragraph (2) (whether because F130the court officer considers that the debtor’s means are insufficient or otherwise), F131the request shall be referred to the court.

Where the F132the court considers that it is able to do so without the attendance of the parties, F133... the proposed rate providing for payment of the debts included in the list F134may be fixed in full or to such extent and within such a period as appears practicable in the circumstances of the case.

Where the proposed rate is fixed under paragraph (6), paragraphs (2) to (4) shall apply with the necessary modifications as if the rate had been fixed by the court officer.

Where the F135court does not fix the proposed rate under paragraph (6), F136it will direct the court officer to fix a day for a hearing at which the F135court will decide whether an administration order should be made and the court officer shall give not less than 14 days' notice of the day so fixed to the debtor and to each creditor mentioned in the list provided by the debtor.

Where an administration order is made under paragraph (3), the court officer may exercise the power of the court under section 5 of the Attachment of Earnings Act 1971 to make an attachment of earnings order to secure the payments required by the administration order.

Any creditor to whom notice has been given under rule 5 (8) and who objects to any debt included in the list furnished by the debtor shall, not less than 7 days before the day of hearing, give notice of F137that objection, stating the grounds thereof, to the court officer, to the debtor and to the creditor to whose debt F138the objection is made.

Except with the permission of the court, no creditor may object to a debt unless F139that creditor has given notice of the objection under paragraph (1).

The court may, on making an administration order or at any subsequent time, direct that the order shall be subject to review at such time or at such intervals as the court may specify.

Where the court has directed that an administration order shall be subject to review, the court officer shall give to the debtor and to every creditor who appeared when the order was made not less than 7 days' notice of any day appointed for such a review.

Nothing in this rule shall require the court officer to fix a day for a review under rule 13A.

After an administration order has been made, a creditor who has not received notice under rule 5 and who wishes to object to a debt scheduled to the order, or to the manner in which payment is directed to be made by instalments, shall give notice to the court officer of F145that objection and of the grounds thereof.

Without prejudice to the generality of paragraph (2), the court may dismiss an objection if it is not satisfied that the creditor gave notice of it within a reasonable time of F146the creditor becoming aware of the administration order.

Any creditor whose debt is not scheduled to an administration order, and any person who after the date of the order became a creditor of the debtor, shall, if F147that creditor wishes to prove F148that debt, send particulars of F149the claim to the court officer, who shall give notice of it to the debtor and to every creditor whose debt is so scheduled.

If neither the debtor nor any creditor gives notice to the court officer, within 7 days after receipt of notice under paragraph (1), that F150they object to the claim, then, unless it is required by the court to be supported by evidence, the claim shall be taken to be proved.

If the debtor or a creditor gives notice of objection within the said period of 7 days or the court requires the claim to be supported by evidence, the court officer shall fix a day for consideration of the claim and give notice of it to the debtor, the creditor by whom the claim was made and the creditor, if any, making the objection, and on the hearing the court may either disallow the claim or allow it in whole or in part.

If a claim is taken to be proved under paragraph (2) or allowed under paragraph (3), the debt shall be added to the schedule to the order and a copy of the order shall then be sent to the creditor by whom the claim was made.

The court manager or such other officer of the court as the court making an administration order shall from time to time appoint shall have the conduct of the order and shall take all proper steps to enforce the order (including exercising the power of the court under section 5 of the Attachment of Earnings Act 1971 to make an attachment of earnings order to secure payments required by the administration order) or to bring to the attention of the court any matter which may make it desirable to review the order.

Without prejudice to section 115 of the Act, any creditor whose debt is scheduled to the order may, with the permission of the court, take proceedings to enforce the order.

The debtor or, with the permission of the court, any such creditor may apply to the court to review the order.

When on a matter being brought to its attention under paragraph (1) the court so directs or the debtor or a creditor applies for the review of an administration order, rule 8 (2) shall apply as if the order were subject to review under that rule.

Nothing in this rule shall require the court officer to fix a day for a review under rule 13A.

If the debtor does not comply with paragraph (1)(b) within the time stated, the court officer shall revoke the administration order.

Any party affected by an order made under paragraph (2) or (3)(a) may, within 14 days of service of the order on F157them and giving F158their reasons, apply on notice for the F159court to consider the matter afresh and the court officer shall fix a day for the hearing of the application F160... and give to the debtor and to every creditor whose debt is scheduled to the administration order not less than 8 days' notice of the day so fixed.

On hearing an application under paragraph (4), the F161court may confirm the order or set it aside and make such new order as F162it thinks fit and the order so made shall be entered in the records of the court.

The court officer shall send a copy of any order varying or revoking an administration order to the debtor, to every creditor whose debt is scheduled to the administration order and, if the administration order is revoked, to any other court to which a copy of the administration order was sent pursuant to rule 9.

The officer having the conduct of an administration order shall from time to time declare dividends and distribute them among the creditors entitled to them.

When a dividend is declared, notice shall be sent by the officer to each of the creditors.

A debtor who changes F163... residence shall forthwith inform the court of F164their new address.

Where the debtor becomes resident in the district of another court, the court in which the administration order is being conducted may transfer the proceedings to that other court.

Where it is desired to enforce the order by warrant of F166control, the proceedings may be taken in F167the County Court hearing centre serving the address where execution is to be levied.

CPR Rule 35.15 applies to proceedings under F173Part 4 of Schedule 3A to the Communications Act 2003.

Where a complainant desires to have an order of the Certification Officer under section 82 of the Trade Union and Labour Relations Consolidation Act 1992 recorded in the F168County Court, F169the complainant shall produce the order and a copy thereof to the F170County Court hearing centre which serves the address where the complainant resides or the head or main office of the trade union is situate.

The order shall be recorded by filing it, and the copy shall be sealed and dated and returned to the complainant.

The sealed copy shall be treated as if it were the notice of issue in a claim begun by the complainant.

The costs, if any, allowed for recording the order shall be recoverable as if they were payable under the order.

The order shall not be enforced until proof is given to the satisfaction of the court that the order has not been obeyed and, if the order is for payment of money, of the amount remaining unpaid.