OpenLegislation

Paragraph Rule 1 Application for judgment summonsC1

England and Wales

(1)

An application for the issue of a judgment summons may be made to the F1County Court hearing centre which serves the address where the debtor resides or carries on business or, if the summons is to issue against two or more persons jointly liable under the judgment or order sought to be enforced, in the County Court hearing centre which serves the address where any of the debtors resides or carries on business.

(2)

The judgment creditor shall make F2the application by filing a request in that behalf certifying the amount of money remaining due under the judgment or order, the amount in respect of which the judgment summons is to issue and that the whole or part of any instalment due remains unpaid.

F3(3)

The judgment creditor must file with the request all written evidence on which F4the judgment creditor intends to rely.

Annotations

Textual amendments

F1

Words in Sch. 2 CCR Order 28 rule 1(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(b)(i) (with rule 25)

F2

Word in Sch. 2 CCR Order 28 rule 1(2) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(b)(ii) (with rule 25)

F3

Sch. 2 CCR Order 28 rule 1(3) inserted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 39(a)

F4

Words in Sch. 2 CCR Order 28 rule 1(3) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(b)(iii) (with rule 25)

Modifications

C1

Sch. 2 CCR Order 28 rule 1 excluded (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.18(1) (with rules 2.1, 33.1(1))

Notes on Schedule 2

Modifications

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)

C2

Sch. 2 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.1(2) (with rules 2.1, 33.1(1))

C3

Sch. 2 CCR Order 27 applied (with modifications) (22.4.2014) by S.I. 2010/2955, rules 33.19, 33.19A (as substituted by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 37 (with rule 45))

Commencement

I1

Sch. 2 in force at 26.4.1999, see Signature