SCHEDULE 2
CCR ORDER 28JUDGMENT SUMMONSES
Payment after debtor lodged in prison
Rule 13
(1)
Where, after the debtor has been lodged in prison under a warrant of committal, payment is made of the sum on payment of which the debtor is to be discharged, then—
(a)
if the payment is made to the court responsible for the execution of the warrant, F1the court officer shall make and sign a certificate of payment and send it by post or otherwise to the gaoler;
(b)
if the payment is made to the court which issued the warrant of committal after the warrant has been sent to a foreign court for execution, the home court shall send notice of the payment to the foreign court, F2and the court officer at the foreign court shall make and sign a certificate of payment and send it by post or otherwise to the gaoler;
(c)
if the payment is made to the gaoler, he shall sign a certificate of payment and send the amount to the court which made the committal order.
(2)
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.
(3)
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).