Judgement Summons
If a debt relates to unpaid maintenance under a Court Order the Judgment Creditor can apply for a Judgement Summons.
You will need to complete a Request for Judgment Summons (Form N342) and pay a fee of £95.
The Court will fix a hearing date which the Debtor will be required to attend. At the hearing the Debtor will have to answer questions on oath and may be ordered to pay the debt by instalments.
If the Judge is satisfied that the Debtor has the ability to pay the debt but is simply refusing to do so he or she can be sent to prison.
If the Debtor fails to attend the hearing the Court can issue a Warrant for his or her arrest.
A Judgment Summons is a good method of enforcing matrimonial maintenance payments where the Debtor is a professional person and his or her refusal to pay is motivated by an unwillingness, rather than an inability, to pay.