Judgment Debtor Summons

Judgment Debtor Summons

In terms of monetary claims the judgment debtor is the person that is against the judgment or the order that has been made or given. In layman’s term it is basically the losing party. The other party is known as the judgment creditor where the judgment is obtained so that there is payment of the money by another person.

With the action of the judgment debtor summons, the judgment debtor will then be brought before the court and the judgment creditor or the judgment creditor’s solicitor will examine the judgment debtor’s means of the repaying the debt.

The judgment debtor would then need to produce proof of their incomes as well as their expenses. After investigating the claims made by the judgment debtor and it is shown to the satisfaction of the court that they are financially able, then a consent order will be produced if they consent. However if they do not consent then an order of the court will be produced, either way this will require them to settle the judgment debt in full or in monthly installments.

If the situation arises where the judgment debtor does not appear before the court despite the service of the judgment debtor summons, then the court will issue an order of arrest against that particular person. If the judgment debtor instead fails to pay in accordance with the terms of the order of court, then a judgment notice will then be issued against that person. If this happens then they would be required to explain why they have failed to comply with the order of the court. They would also need to show cause as they should be sent to prison for failing to comply with that of the order of the court.

1 Comment

  1. lyk

    Hi Stephanie, my spouse is a loosing party in a lawsuit recently. he is not satisfied with the judgement so he is not going to pay. if he is being sue for bankruptcy, will that affect properties under my name?

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