Part VE+W Enforcement of Judgments and Orders

Modifications etc. (not altering text)

Miscellaneous provisions as to enforcement of judgments and ordersE+W

110 Penalty for non-attendance on judgment summons.E+W

(1)If a debtor summoned to attend [F1the county court] by a judgment summons fails to attend on the day and at the time fixed for any hearing of the summons, the [F2court] may adjourn or further adjourn the summons to a specified time on a specified day and order the debtor to attend at that time on that day.

(2)If—

(a)a debtor, having been ordered under subsection (1) to attend at a specified time on a specified day, fails to do so; F3. . .

(b)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the [F2court] may make an order committing him to prison for a period not exceeding 14 days in respect of the failure or refusal.

(3)In any case where the [F2court] has power to make an order of committal under subsection (2) for failure to attend, he may in lieu of or in addition to making that order, order the debtor to be arrested and brought before the court either forthwith or at such time as the [F2court] may direct.

(4)A debtor shall not be committed to prison under subsection (2) for having failed to attend as required by an order under subsection (1) unless there was paid to him at the time of the service of the judgment summons, or paid or tendered to him at the time of the service of the order, such sum in respect of his expenses as may be prescribed for the purposes of this section.

(5)The [F2court] may at any time revoke an order committing a person to prison under this section and, if he is already in custody, order his discharge.

Textual Amendments

F1Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2Word in s. 110 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(50); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)