PART 33ENFORCEMENT

CHAPTER 2COMMITTAL BY WAY OF JUDGMENT SUMMONS

Judgment summons33

1

If the debtor is in default under an order of committal made on a previous judgment summons in respect of the same order, a judgment summons must not be issued without the court's permission.

F12

A judgment summons must be accompanied by the statement referred to in rule 33.10(2).

3

A judgment summons must be served on the debtor—

a

personally; or

b

by the court sending it to the debtor by first class post—

i

at the address stated in the application for the issue of a judgment summons; or

ii

in a case where a court officer is proceeding for the recovery of a debt in accordance with rule 32.33, at the last known address for the debtor shown on court records.

4

In a case to which paragraph (3)(b)(i) applies, the judgment creditor must file with the court a certificate for postal service.

5

A judgment summons must be served on the debtor not less than 14 days before the hearing.

6

Paragraph (3) is subject to any direction of the court that the judgment summons must be served personally on the debtor.