What’s it for? An order for the debtor’s committal to prison.
A N79a Suspended Committal Order may be served against someone for not turning up to a UK court on a specified day. You need good reason not to turn up to court, and in the case of illness you will need relevant evidence from a doctor.
Any order that may lead to imprisonment must be served personally. A professional process server can aid personal service of an N79a Suspended Committal Order and help avoid any unnecessary holdups.
This order does not take effect immediately and the order itself can be suspended if the debtor replies to the order and agrees to be questioned. If the debtor takes the oath and answers the questions asked by the court then a relevant course of action will be taken.
If the debtor fails to attend on the date in the suspended committal order then a warrant of arrest will be issued. The warrant gives the enforcement agent the authority to arrest the debtor and take them before a judge at court. If the debtor refuses to answer questions then the debtor can be taken to prison for the time specified in the Suspended Committal Order.
Need more information on serving a N79a suspended committal order? Contact us.
Please note: The above is not meant to constitute legal advice. The law changes regularly and as such we recommend speaking to a legal professional for clarification.