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The Civil Procedure Rules 1998
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Changes over time for: Paragraph Rule 2
Version Superseded: 06/04/2011
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Mode of serviceE+W
Rule 2—(1) Subject to paragraph (2), a judgment summons shall be served personally on every debtor against whom it is issued.
(2) Where the judgment creditor or [F1the judgment creditor’s] solicitor gives a certificate for postal service in respect of a debtor residing or carrying on business within the district of the court, [F2the judgment summons will], unless the district judge otherwise directs, be served on that debtor by F3... the court [F4sending 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, [F5the date of service is] deemed to be the seventh day after the date on which the judgment summons was sent to the debtor.
(3) Where a judgment summons has been served on a debtor in accordance with paragraph (2), no order of commitment shall be made against him unless—
(a)he appears at the hearing; or
[F6(b)it is made under section 110(2) of the Act.]
[F7(4) The written evidence on which the judgment creditor intends to rely must be served with the judgment summons.]
Textual Amendments
F1Words in Sch. 2 CCR Order 28 rule 2(2) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 41(a)(i)
F2Words in Sch. 2 CCR Order 28 rule 2(2) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 41(a)(ii)
F3Words in Sch. 2 CCR Order 28 rule 2(2) omitted (1.10.2008) by virtue of The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 41(a)(iii)
F4Words in Sch. 2 CCR Order 28 rule 2(2) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 41(a)(iv)
F5Words in Sch. 2 CCR Order 28 rule 2(2) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 41(a)(v)
F6Sch. 2 CCR Order 28 rule 2(3)(b) substituted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 39(b)(i)
F7Sch. 2 CCR Order 28 rule 2(4) substituted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 39(b)(ii)
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