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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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hi I received a Suspended committal order for disobedience

Resolved Question:

hi
I received a Suspended committal order for disobedience (order to attend court for questioning) after not attending the court for questioning.
on the letter the court orders that I be committed to prison for a period of 7 days.
Then I get two options,
1. this order shall be suspended so long as I attend court on given date and complies with the order made on previous date, which was to pay off a credit card debt of £12000.
2. if I does not comply with these terms, a warrant of arrest shall be be issued and I shall when arrested be brought before a judge to consider whether the committal order should be discharged.
Please advise me what I can do to avoid prison term. I can not pay the full amount in one go but willing to pay small set amount every month.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
You are not in contempt for not paying. You are in contempt for not attending.
You can attend, apologise for not attending and make an offer to pay in installments. You do need to make it a reasonable offer and also take with you sufficient evidence to prove your income and expenditure. The judge will want to consider your ability to pay.
Do not ignore this. The civil courts do not put up with non co operation as the criminal courts do sometimes. Ignoring this will lead to custody.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thank you Jo

Your answer is very helpful

I thought I have to serve the prison term.

Now I understand what to do.

regards

Ishtaq

Expert:  Jo C. replied 2 years ago.
That will only happen if you ignore it.
All the best.
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