Rule 105C Summons to debtor to attend a default hearingF1
A summons under section 6(10) or section 8(3) of the Justice Act (Northern Ireland) 2016 requiring a debtor to appear before a court of summary jurisdiction at the time and place specified in the summons shall be in Form 60D.
Notwithstanding Rule 11, a summons under section 6(10) or 8(3) of the Justice Act (Northern Ireland) 2016 may be served by a collection officer or, as the case may be, the clerk of petty sessions by—
delivering a copy to the debtor or by leaving it for him with some person apparently over the age of sixteen years at his usual or last known place of abode or his place of business;
sending a copy of the summons by ordinary post in an envelope addressed to the debtor at his usual or last known place of abode; or
sending a copy of the summons by registered post or the recorded delivery service in an envelope addressed to the debtor at his usual or last known place of abode.
The summons shall be served not less than seven days before the hearing and the person who serves it shall complete and sign the certificate of service on the original summons.
If the person fails to appear in person or by his legal representative in response to a summons served under sub-paragraph 2(b) or (c), such service shall not be valid unless an acknowledgement of service appearing to be signed by the debtor or his solicitor is produced to the court.
Unless the contrary is proved, the signed acknowledgement of service shall be taken as proof of service and the summons shall be deemed to have been served at the time at which the envelope containing it would have been delivered in the ordinary course of post.
Annotations
Textual amendments
- F1
Rules 105-105G substituted for rule 105 (1.6.2018) by The Magistrates’ Courts (Amendment No.2) Rules (Northern Ireland) 2018 (S.R. 2018/103), rules 1, 3(6)