PART 33ENFORCEMENT
CHAPTER 2COMMITTAL BY WAY OF JUDGMENT SUMMONS
F1Committal on application for judgment summons33
1
Subject to paragraph (2), on a hearing of an application for a judgment summons the debtor may be committed for making default on payment of a debt if the judgment creditor proves that the debtor—
a
has, or has had, since the date of the order the means to pay the sum in respect of which the debtor has made default; and
b
has refused or neglected, or refuses or neglects, to pay that sum.
2
A debtor may not be committed in accordance with paragraph (1) where the judgment summons was served by post, unless the debtor attends the hearing.
3
Where the debtor has been ordered or summonsed to attend an adjourned hearing in accordance with rule 33.13, the debtor may be committed—
a
for failure to attend the adjourned hearing; or
b
for making default on payment of a debt, if the judgment creditor proves that the debtor—
i
has, or has had, since the date of the order the means to pay the sum in respect of which the debtor has made default; and
ii
has refused or neglected, or refuses or neglects, to pay that sum.
4
The debtor may not be compelled to give evidence.