# Magistrates’ Courts Rules (Northern Ireland) 1984, Rule 129: Committal process and order

Extent: N.I.

(1) If the debtor defaults in payment of any instalment due under an enforcement order or due under an instalment order made by the Enforcement of Judgments Office under Article 30 of the said Order of 1981, the creditor may serve on the debtor a process (in these Rules referred to as a “committal process”) requiring the debtor to appear personally on the date therein specified before a court of summary jurisdiction ... to show cause why an order (in these Rules referred to as a “committal order”) should not be made committing him to prison for his default in complying with the enforcement order.
(2) Upon proof of the making of the enforcement order, or instalment order, or, where the committal order is made under Rule 128(2)(b) upon proof of the original order for payment (which shall be given by the production of the original order or orders) and of the means of the debtor required by Article 107(4) of the said Order of 1981, the court may, if the debtor fails to show cause why an order should not be made, make with costs such order committing him to prison as is authorised by that Order.
(3) Nothing in paragraph (2) shall, where it appears to the court that earnings fail to be paid to the debtor, affect the power of the court to make an attachment of earnings order under Article 98 of the said Order of 1981 in lieu of a committal order.

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Source: https://www.legislation.gov.uk/nisr/1984/225/rule/129 (the official version)
Page: https://openlegislation.uk/magistrates-courts-rules-northern-ireland-1984/rule-129
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.