The Civil Procedure Rules 1998

[F1 Service and reply E+W

89.5.— (1) Notice of the application together with Form N56 (“the reply form”), must be served on the debtor by the court.

(2) The notice of application must include an instruction to the debtor to complete and file the reply form within 8 days after service, and that instruction constitutes a requirement under section 14(4) of the 1971 Act.

(3) Within 8 days after service of the documents listed in paragraph (1), the debtor must file a completed reply form.

(4) On receipt of a reply from the debtor, the court officer must send a copy of the reply to the creditor.

(5) No proceedings may be brought for an alleged offence under section 23(2)(c) or (f) of the 1971 Act in relation to the requirement to reply, unless—

(a) the notice of application and reply form have been served personally on the debtor; or

(b) the court is satisfied that the notice and reply form came to the debtor’s knowledge in sufficient time for the debtor to comply with the requirement; and

(c) by the end of the time for filing the reply, the debtor has not paid to the creditor the money remaining due under the judgment or order.

(6) If the debtor pays the money remaining due under the judgment or order, the creditor must inform the court officer that the payment has been made.]

Textual Amendments

F1 Pt. 89 inserted (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 20, Sch. 2 (with rule 25)