OpenLegislation

Paragraph Rule 2 Mode of serviceC1C2

England and Wales

(1)

Subject to paragraph (2), a judgment summons shall be served personally on every debtor against whom it is issued.

(2)

Where the judgment creditor or F1the judgment creditor’s solicitor gives a certificate for postal service in respect of a debtor residing or carrying on business F2at an address which is served by the County Court hearing centre, F3the judgment summons will, unless the F4District Judge otherwise directs, be served on that debtor by F5... the court F6sending it to the debtor by first-class post at the address stated in the request for the judgment summons and, unless the contrary is shown, F7the date of service is deemed to be the seventh day after the date on which the judgment summons was sent to the debtor.

(3)

Where a judgment summons has been served on a debtor in accordance with paragraph (2), no order of commitment shall be made against F8the debtor unless—

(a)

F9the debtor appears at the hearing; or

F10(b)

it is made under section 110(2) of the Act.

F11(4)

The written evidence on which the judgment creditor intends to rely must be served with the judgment summons.

Annotations

Textual amendments

F1

Words in Sch. 2 CCR Order 28 rule 2(2) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 41(a)(i)

F2

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

F3

Words in Sch. 2 CCR Order 28 rule 2(2) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 41(a)(ii)

F4

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

F5

Words in Sch. 2 CCR Order 28 rule 2(2) omitted (1.10.2008) by virtue of The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 41(a)(iii)

F6

Words in Sch. 2 CCR Order 28 rule 2(2) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 41(a)(iv)

F7

Words in Sch. 2 CCR Order 28 rule 2(2) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 41(a)(v)

F8

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

F9

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

F10

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

F11

Sch. 2 CCR Order 28 rule 2(4) substituted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 39(b)(ii)

Modifications

C1

Sch. 2 CCR Order 28 rule 2 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))

C2

Sch. 2 CCR Order 28 rule 2 applied (with modifications) (23.12.2011) by The Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011 (S.I. 2011/2866), arts. 1(2), 8(1)(2), Sch. 2

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