PART 71 - ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS
|Scope of this Part||Rule 71.1|
|Order to attend court||Rule 71.2|
|Service of order||Rule 71.3|
|Travelling expenses||Rule 71.4|
|Judgment creditor's affidavit||Rule 71.5|
|Conduct of the hearing||Rule 71.6|
|Adjournment of the hearing||Rule 71.7|
|Failure to comply with order||Rule 71.8|
Scope of this Part
This Part contains rules which provide for a judgment debtor to be required to attend court to provide information, for the purpose of enabling a judgment creditor to enforce a judgment or order against him.
Order to attend court
(1) A judgment creditor may apply for an order requiring –
(a) a judgment debtor; or
(b) if a judgment debtor is a company or other corporation, an officer of that body,
to attend court to provide information about –
(2) An application under paragraph (1) –
(a) may be made without notice; and
(b) must be issued in the court or County Court hearing centre which made the judgment or order which it is sought to enforce, except that –
(i) if the proceedings have since been transferred to a different court or hearing centre, it must be issued in that court; or
(ii) subject to subparagraph (b)(i), if it is to enforce a judgment made in the County Court Money Claims Centre, it must be issued in accordance with section 2 of Practice Direction 70.
(3) The application notice must –
(a) be in the form; and
(b) contain the information
required by Practice Direction 71.
(4) An application under paragraph (1) may be dealt with by a court officer without a hearing.
(5) If the application notice complies with paragraph (3), an order to attend court will be issued in the terms of paragraph (6).
(6) A person served with an order issued under this rule must –
(a) attend court at the time and place specified in the order;
(b) when he does so, produce at court documents in his control which are described in the order; and
(c) answer on oath such questions as the court may require.
Service of order
(1) An order to attend court must, unless the court otherwise orders, be served personally on the person ordered to attend court not less than 14 days before the hearing.
(2) If the order is to be served by the judgment creditor, he must inform the court not less than 7 days before the date of the hearing if he has been unable to serve it.
(1) A person ordered to attend court may, within 7 days of being served with the order, ask the judgment creditor to pay him a sum reasonably sufficient to cover his travelling expenses to and from court.
(2) The judgment creditor must pay such a sum if requested.
Judgment creditor's affidavit
(1) The judgment creditor must file an affidavit(GL) or affidavits –
(a) by the person who served the order (unless it was served by the court) giving details of how and when it was served;
(b) stating either that –
(i) the person ordered to attend court has not requested payment of his travelling expenses; or
(ii) the judgment creditor has paid a sum in accordance with such a request; and
(c) stating how much of the judgment debt remains unpaid.
(2) The judgment creditor must either –
(a) file the affidavit(GL) or affidavits not less than 2 days before the hearing; or
(b) produce it or them at the hearing.
Conduct of the hearing
(1) The person ordered to attend court will be questioned on oath.
(2) The questioning will be carried out by a court officer unless the court has ordered that the hearing shall be before a judge.
Adjournment of the hearing
If the hearing is adjourned, the court will give directions as to the manner in which notice of the new hearing is to be served on the judgment debtor.
Failure to comply with order
(1) If a person against whom an order has been made under rule 71.2 –
(a) fails to attend court;
(b) refuses at the hearing to take the oath or to answer any question; or
(c) otherwise fails to comply with the order,
the court will refer the matter to a High Court judge or Circuit Judge.
(2) That judge may, subject to paragraphs (3) and (4), make a committal order against the person.
(3) A committal order for failing to attend court may not be made unless the judgment creditor has complied with rules 71.4 and 71.5.
(4) If a committal order is made, the judge will direct that –
(a) the order shall be suspended provided that the person –
(i) attends court at a time and place specified in the order; and
(ii) complies with all the terms of that order and the original order; and
(b) if the person fails to comply with any term on which the committal order is suspended, he shall be brought before a judge to consider whether the committal order should be discharged.
(Part 81 contains provisions in relation to committal.)