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WHAT IS JUDGMENT DEBTOR SUMMONS ?

In monetary claims, judgment debtor is the person against whom the judgment or order is made or given. It is generally called the losing party.

The other party is called the judgment creditor where the judgment is obtained for the payment of money by some other person.

By the action of Judgment Debtor Summons, the judgment debtor will be brought before the Court and the judgment creditor or judgment creditor's solicitor to examine as to his or her means of repaying the judgment debt.

Judgment debtor will have to produce proof of income and expenses.

After examining him or her and it is shown to the satisfaction of the Court that he or she is financially able, a Consent Order, where he or she consents, or an Order of the Court, where he or she does not consent, can be made which requires him or her to settle the judgment debt in full or monthly installments.

In the event that the judgment debtor does not appear in Court despite service of the Judgment Debtor Summons, the Court will issue an Order of Arrest against him.

If the judgment debtor fails to pay in accordance with the terms of the Order of Court, a Judgment Notice can be issued against him or her which would require him to explain why he or she fails to comply with the Order of the Court and to show cause why he or she should not be sent to prison for failing to comply with the Order of the Court.