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Rule 5 Committal civil bill

Northern Ireland

(1)

if the debtor makes default in paying the amount, or any instalment ordered under Rule 4 to be paid or due under an instalment order made by the Enforcement of Judgments Office under Article 30 of the Judgments Enforcement (Northern Ireland) Order 1981, the creditor may serve on the debtor a civil bill (in this Order referred to as a “committal civil bill”)

(2)

A committal civil bill shall be in Form 174 and, shall set out—

(a)

full particulars of the enforcement order which has not been complied with or of the order made under the said Article 30; and

(b)

the amount or instalment (or instalments) in the payment of which default has been made;

and shall require the debtor to appear personally on the date F1and before the court therein specified, to show cause why he should not be committed to prison for his default in complying with that order. An order made under this Rule is in this Order referred to as a “committal order”.

Annotations

Textual amendments

F1

Words in Order 40 rule 5(2) substituted (31.10.2016) by The County Court (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/302), rules 1, 3(14)(a); S.R. 2016/387, art. 2