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Contents

Official guidance
Debt Management and Banking Manual

DMBM668010 · Enforcement action: county court proceedings: judgment summonses

  • DMBM668020 · Judgment summonses in the county court
  • DMBM668030 · Considerations before applying for a judgment summons
  • DMBM668040 · Evidence of means
  • DMBM668050 · Inadmissible evidence and wilful neglect or refusal to pay
  • DMBM668060 · Preparing a witness statement
  • DMBM668070 · New or varied orders for payment
  • DMBM668080 · Requesting a judgment summons
  • DMBM668090 · Service of the judgment summons
  • DMBM668100 · Time limit for a judgment summons
  • DMBM668110 · Applying for a successive judgment summons
  • DMBM668120 · Judgment debtor pays before the hearing
  • DMBM668130 · Judgment debtor asks for information or witnesses for the hearing
  • DMBM668140 · Judgment debtor becomes bankrupt following issue of a judgment summons
  • DMBM668145 · Judgment debtor's right to legal help
  • DMBM668150 · Grade of officer attending the judgment summons hearing
  • DMBM668155 · Speaking to the judgment debtor at court before the hearing
  • DMBM668160 · The judgment summons hearing
  • DMBM668170 · Outcome of the hearing
  • DMBM668180 · Committal orders following a judgment summons hearing
  • DMBM668190 · Imprisonment following a judgment summons
  • DMBM668200 · Payment offered after release of warrant of committal
  • DMBM668210 · New orders made at a judgment summons hearing
  • DMBM668220 · Adjournments
  • DMBM668230 · Judgment debtor fails to attend the hearing
  • DMBM668240 · Imprisonment for contempt
  1. Enforcement action: county court proceedings: judgment summonses: contents
  2. Enforcement action: county court proceedings: judgment summonses: speaking to the judgment debtor at court before the hearing

DMBM668155 | Enforcement action: county court proceedings: judgment summonses: speaking to the judgment debtor at court before the hearing

From HM Revenue & Customs · Debt Management and Banking Manual

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In the past it was common practice to see the judgment debtor within the court building before the hearing and persuade them to make an offer of payment by instalments. Officers then put that before the judge and asked for a committal order, suspended on payment of the instalments offered. This proved a convenient device in the past, but it carries with it significant risk that could prejudice the outcome of the case.

You should not therefore discuss the case with the judgment debtor before going into court.

It will be for the court, based on the evidence that you are presenting, to decide whether to make a committal order and the terms, if any, on which it might be suspended. There must be no suggestion that the higher debt manager has coerced the judgment debtor into making an offer of payment.

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