»Ê¹ÚÌåÓýapp

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A judgment summons is issued under Section 5 of the Debtors Act 1869 and tells the judgment debtor that the claimant says he has not paid as the court ordered him to do. It is not strictly a method of enforcement but a step taken to aid enforcement. It is a remedy that is available to the courts in cases involving tax or national insurance, by virtue of Section 11 of the Administration of Justice Act 1970.

»Ê¹ÚÌåÓýapp judgment summons warns the judgment debtor that he or she may be committed to prison for a term not exceeding six weeks if the court is satisfied that the judgment debtor

• has, or has had since the date of the judgment or order, the means to pay the amount of the judgment summons
• has wilfully neglected or refused to pay as the court ordered.

It is therefore important that you do not request the issue of a judgment summons until you have clear evidence that the judgment debtor either has, or has had since the date of judgment or order, the means to pay the debt.

A judgment summons can be issued for

• the whole amount of the judgment debt and court fees, where payment was ordered in one sum, or
• the amount in arrears where payment was ordered by instalments.

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Human Rights - Article 6 ECHR

»Ê¹ÚÌåÓýapp judgment summons procedure is a criminal proceeding. It attracts the rights conferred by Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (‘ECHRâ€�). »Ê¹ÚÌåÓýapp judgment debtor therefore has the rights to

• a presumption of innocence throughout
• precise articulation of the charge
• adequate time to prepare a defence
• examine the supporting evidence; and
• be represented.

»Ê¹ÚÌåÓýapp effects of Article 6 on the judgment summons procedure may be summarised as:

• the burden of proof lies on HMRC and must be established beyond reasonable doubt
• debtors must be given written notice of the case against them so they can defend the proceedings
• debtors cannot be compelled to give evidence; and
• debtors have a right to legal representation.

CCBC cases

If your claim has been made through the CCBC you need to transfer the case to the local court before you can request a judgment summons (DMBM665790).

For limited company cases the local court is the claimant’s home court, in all other cases it is the defendant’s.