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HMRC internal manual

Debt Management and Banking Manual

Enforcement action: county court proceedings: judgment summonses: requesting a judgment summons

Where to make a request for a judgment summons

You should make a request for the issue of a judgment summons to the court for the district in which the judgment debtor resides or carries on business. If you did not obtain judgment in that court, you will need to transfer the proceedings to the appropriate court. When the transfer has been made, the court manager of the new court will notify you.

If the judgment debtor moves to an address outside England or Wales, take action as in DMBM666440.

How to request a judgment summons

You must have sufficient evidence of means to prove your case before you request a judgment summons. You should make your request as soon as possible following any default in payment where there is a wilful neglect or refusal and the judgment debtor has the means to pay.

Complete form N342 to show:

  • the amount remaining due under the judgment
  • the amount for which the judgment summons is to issue
  • a statement that the whole or part of any instalment due remains unpaid
  • a certificate requesting postal service for an initial judgment summons only; and
  • two copies of your witness statement and supporting written evidence, numbered and in proper sequence.

On the morning of the day you file the request:

  • prepare an imminent proceedings list
  • carry out an RP check (DMBM615040)
  • note the appropriate computer record
  • draw a cheque for the fee.

The court will:

  • allocate the next judgment summons number and enter the case in the court records
  • fix a hearing date which allows sufficient time to serve the judgment summons on the judgment debtor at least 14 days before the hearing
  • prepare a judgment summons and, on the first occasion, send it to the judgment debtor by first class post (unless you have chosen to serve it personally)
  • send you form N67 showing the number and date of issue of the judgment summons and the date, time and place of hearing.