Does a suspended committal order have to be served personally?

Yes. Any order that may lead to imprisonment must be served personally. If an Enforcement Agent (Bailiff) served the form N39 on your behalf then an Enforcement Agent (Bailiff) will also serve the Form N79a for you.

If you are responsible for service, the court will send you two copies of Form N79a. It must be personally served within the same time limits as the original order, that is, not less than 14 days before the questioning is due to take place. You must file your affidavit of service not less than 2 days before the date of the questioning. You do not, however, on this occasion have to be concerned about travelling expenses. The judgment debtor (or officer) has already been given the opportunity to ask for these, and may have already asked for them or failed to do so.

As with the Form N39, if you, or the Enforcement Agent (Bailiff), are unable to serve the form on the judgment debtor (or officer), then the court will have to set a new date for the questions. You will be told of the new date if the Enforcement Agent (Bailiff) is serving. You must let the court know no less than 7 days before the date of the questioning if you have not been able to serve the suspended committal order.

[return to questions and answers]