The Civil Procedure Rules 1998

Suspension of committal order E+W

Rule 7—(1) If on the hearing of a judgment summons a committal order is made, the [F1 court] may direct execution of the order to be suspended to enable the debtor to pay the amount due.

(2) A note of any direction given under paragraph (1) shall be entered in the records of the court and notice of the suspended committal order shall be sent to the debtor.

(3) Where a judgment summons is issued in respect of one or more but not all of the instalments payable under a judgment or order for payment by instalments and a committal order is made and suspended under paragraph (1), the judgment or order shall, unless the [F2 court] otherwise orders, be suspended for so long as the execution of the committal order is suspended.

(4) Where execution of a committal order is suspended under paragraph (1) and the debtor subsequently desires to apply for a further suspension, the debtor shall attend at or write to the court office and apply for the suspension [F3 desired], stating the reasons for [F4 the debtor’s] inability to comply with the terms of the original suspension, and the court shall fix a day for the hearing of the application by the [F5 court] and give at least 3 days' notice thereof to the judgment creditor and the debtor.

(5) The [F6 District Judge] may suspend execution of the committal order pending the hearing of an application under paragraph (4).

Textual Amendments

F1 Word in Sch. 2 CCR Order 28 rule 7(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(f)(i) (with rule 25)

F2 Word in Sch. 2 CCR Order 28 rule 7(3) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(f)(ii) (with rule 25)

F3 Word in Sch. 2 CCR Order 28 rule 7(4) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(f)(iii)(aa) (with rule 25)

F4 Words in Sch. 2 CCR Order 28 rule 7(4) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(f)(iii)(bb) (with rule 25)

F5 Word in Sch. 2 CCR Order 28 rule 7(4) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(f)(iii)(cc) (with rule 25)

F6 Words in Sch. 2 CCR Order 28 substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 3(a)(iv) (with rule 25)

Modifications etc. (not altering text)

C1 Sch. 2 CCR Order 28 rule 7(1)(2) applied (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.18(3) (with rules 2.1, 33.1(1), 33.16(2)(3))

C2 Sch. 2 CCR Order 28 rule 7(3) excluded (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.18(1) (with rules 2.1, 33.1(1))