The Civil Procedure Rules 1998 No. 3132 (L. 17)

SCHEDULE 2 E+W

Modifications etc. (not altering text)

C1 Sch. 1, Sch. 2 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)

Commencement Information

I1 Sch. 2 in force at 26.4.1999, see Signature

CCR ORDER 28 E+W JUDGMENT SUMMONSES

Enforcement of debtor’s attendance E+W

Rule 4—(1) 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 1971(1) for the attendance of the debtor at an adjourned hearing of an application for an attachment of earnings order.

[F1 (1A) An order made under section 110(1) of the Act must be served personally on the judgment debtor.

(1B) Copies of—

(a) the judgment summons; and

(b) the written evidence,

must be served with the order.]

(2) At the time of service of the order there shall be paid or tendered to the debtor a sum reasonably sufficient to cover his expenses in travelling to and from the court, unless such a sum was paid to him at the time of service of the judgment summons.

Textual Amendments

F1 Sch. 2 CCR Order 28 rule 4(1A)(1B) inserted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 39(d)

(1)

1971 c. 32; section 23(1) was amended by the Administration of Justice Act 1982 (c. 53), section 53(2).