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.
EXAMINATION OF JUDGMENT DEBTOR
Rule 1(1):- In this Order, “the Registrar” means the Registrar of
the High Court or Sessions Court Judge or
Magistrate.
Rule 1(2):- Where a person has obtained a judgment or order for
the payment of money by some other person (who is
referred to as “the judgment debtor” in this Order), the
Court may, on an application made ex parte by a
notice of application supported by an affidavit in Form
95 by the person entitled to enforce the judgment or
order, order the judgment debtor, or, if the judgment
debtor is a body corporate, an officer thereof, to
attend before the Registrar, and be orally examined
on the
questions—
(a)
whether any and, if so, what debt are owing to the j
udgment
debtor; and
(b)
whether the judgment debtor has any and, if so, what
other
property or means of satisfying the judgment or order,
and the Court may also order the judgment debtor or officer to
produce any books or
documents in the possession of the judgment debtor relevant to the
questions aforesaid
at the time and place appointed for the examination.
(3) An order under this rule shall be in Form 96 and must be served
personally on the judgment debtor and on any officer of a body
corporate ordered to
attend for examination.
(4) Any difficulty arising in the course of an examination under this rule
before the Registrar, including any dispute with respect to the
obligation of the person
being examined to answer any question put to him, may be referred to
the Court and the
Court may determine it or give such directions for determining it as it
thinks fit.
Examination of party liable to satisfy the judgment (O. 48, r. 2)
2. Where any difficulty arises in or in connection with the enforcement
of any
judgment or order, other than such a judgment or order as is
mentioned in rule 1, the
Court may make an order under that rule for the attendance of the
party liable to satisfy
the judgment or order and for his examination on such questions as
may be specified in
the order, and that rule shall apply accordingly with the necessary
modifications.
P.U. (A)
245
Registrar to make record of debtor’s statement (O. 48, r. 3)
3. The Registrar conducting the examination shall take down, or cause
to be taken
down, in writing, the statement made by the judgment debtor or other
person at the
examination, read it to him and ask him to sign it, and if he refuses,
the Registrar shall
sign the statement.