The Civil Procedure Rules 1998

Service and replyE+W

Rule 5—[F1(1) Notice of the application together with a form of reply in the appropriate form, shall be served on the debtor in the manner [F2set out in CPR rule [F36.20]].]

(2) The debtor shall, within 8 days after service F4... of the documents mentioned in paragraph (1), file a reply in the form provided, and the instruction to that effect in the notice to the debtor shall constitute a requirement imposed by virtue of section 14 (4) of the Act of 1971:

Provided that no proceedings shall be taken for an offence alleged to have been committed under section 23 (2)(c) or (f) of the Act of 1971 in relation to the requirement unless the said documents have been served on the debtor personally or the court is satisfied that they came to [F5the debtor’s knowledge] in sufficient time F6... to comply with the requirement.

(2A) Nothing in paragraph (2) shall require a [F7debtor] to file a reply if, within the period of time mentioned in that paragraph, [F8the debtor pays] to the judgment creditor the money remaining due under the judgment or order and, where such payment is made, the judgment creditor shall so inform the court officer.

(3) On receipt of a reply the court officer shall send a copy to the applicant.

Textual Amendments

F2Words in Sch. 2 CCR Order 27 rule 5(1) substituted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(c), 16 (with rule 24)

F3Word in Sch. 2 CCR Order 27 rule 5(1) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 40(a)

F4Words in Sch. 2 CCR Order 27 rule 5(2) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 39(f)(i)(aa); S.I. 2014/954, art. 2(a)

F6Words in Sch. 2 CCR Order 27 rule 5(2) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 39(f)(i)(bb); S.I. 2014/954, art. 2(a)