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Paragraph Rule 4 Enforcement of debtor’s attendance

England and Wales

(1)

Order 27, rules 7B and 8, shall apply, with the necessary modifications, to an order made under section 110 (1) of the Act for the attendance of the debtor at an adjourned hearing of a judgment summons as they apply to an order made under section 23 (1)of the Attachment of Earnings Act 1971f1 for the attendance of the debtor at an adjourned hearing of an application for an attachment of earnings order.

F1(1A)

An order made under section 110(1) of the Act must be served personally on the judgment debtor.

(1B)

Copies of—

(a)

the judgment summons; and

(b)

the written evidence,

must be served with the order.

(2)

At the time of service of the order there shall be paid or tendered to the debtor a sum reasonably sufficient to cover F2the debtor’s expenses in travelling to and from the court, unless such a sum was paid F3... at the time of service of the judgment summons.

Annotations

Textual amendments

F1

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

F2

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

F3

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

Footnotes

f1

1971 c. 32; section 23(1) was amended by the Administration of Justice Act 1982 (c. 53), section 53(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