JUDGMENT DEBT RECOVERY ACT 1984 - SECT 14 Procedure for oral examinations
JUDGMENT DEBT RECOVERY ACT 1984 - SECT 14
Procedure for oral examinations(1) Where the court is not satisfied as provided in section 13(1)(b) and the judgment debtor is not before the court, the court shall cause to be issued a summons requiring the judgment debtor to attend for an oral examination at the time and place specified in the summons.
(2) If the judgment debtor fails to attend as required by a summons under subsection (1), the court or the proper officer of the court may cause to be issued a warrant for the apprehension of the judgment debtor.
(3) A warrant under subsection (2) shall—
S. 14(3)(a) amended by No. 37/2014 s. 10(Sch. item 89.2).
(a) be addressed to a police officer; and
(b) specify a time and place for the oral examination.
S. 14(4) amended by No. 37/2014 s. 10(Sch. item 89.2).
(4) A police officer who pursuant to a warrant under subsection (2) apprehends a judgment debtor may release the judgment debtor upon the judgment debtor's undertaking to attend for an oral examination at the time and place specified in the warrant.
S. 14(5) amended by No. 6/2018 s. 68(Sch. 2 item 72).
(5) A judgment debtor may be examined on oath or by affirmation by the court.
(6) The proper officer of the court shall cause the judgment creditor to be notified of the time and place of the oral examination under the summons and the warrant (if any).
S. 14(7) amended by No. 74/2000 s. 3(Sch. 1 item 64).
(7) Notwithstanding any Act or any regulation or rule made pursuant to any Act or any rule of law to the contrary, no fine shall be imposed upon a judgment debtor for failing to attend for an oral examination as required by a summons under subsection (1).
(8) Notwithstanding any Act or any regulation or rule made pursuant to any Act or any rule of law to the contrary, it shall not be necessary for a judgment debtor to be served with the judgment or a copy thereof before a summons is issued under subsection (1), but if the judgment debtor has not previously been served with the judgment or a copy thereof the judgment or a copy thereof shall be served together with the summons.