The Family Procedure Rules 2010

Committal on application for judgment summons

33.14.—(1) No person may be committed on an application for a judgment summons unless—

(a) where the proceedings are in the High Court, the debtor has failed to attend both the hearing that the debtor was summonsed to attend and the adjourned hearing;

(b) where the proceedings are in a county court, an order is made under section 110(2) of the County Courts Act 1984(1); or

(c) 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.

(2) The debtor may not be compelled to give evidence.

(1)

Section 110(2) was amended by articles 2 and 8 of the Civil Procedure (Modification of Enactments) Order 2002.