Online Encyclopedia

JUDGMENT SUMMONS

Online Encyclopedia
Originally appearing in Volume V15, Page 541 of the 1911 Encyclopedia Britannica.
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JUDGMENT SUMMONS, in English law, a summons issued under the Debtors Act 1869, on the application of a creditor who has obtained a judgment for the payment of a sum of money by instalments or otherwise, where the order for payment has not been complied with. The judgment summons cites the defendant to appear personally in court, and be examined on oath as to the means he has, or has had, since the date of the order or judgment made against him, to pay the same, and to show cause why he should not be committed to prison for his default. An order of commitment obtained in a judgment summons remains in force for a year only, and the extreme term of imprisonment is six weeks, dating from the time of lodging in prison. When a debtor has once been imprisoned, although for a period of less than six weeks, no second order of commitment can be made against him in respect of the same debt. But if the judgment be for payment by instalments a power of committal arises on default of payment for each instalment. If an order of commitment has never been executed, or becomes inoperative through lapse of time, a fresh commitment may be made. Im- prisonment does not operate as a satisfaction or extinguishment of a debt, or deprive a person of a right of execution against the land or goods of the person imprisoned in the same manner as if there had been no imprisonment.
End of Article: JUDGMENT SUMMONS
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