Default inquiry, summons to attend
89 Default inquiry, summons to attend
In respect of each person named in an application under section 88(3), or in a request made under subsection (2), the court may issue either or both of the following, according to the application or request —
a summons to attend a default inquiry to give oral evidence;
a summons to attend and produce to the court, for use in the inquiry, any record or thing that is or may relate to the matters about which the judgment debtor may be examined and that is detailed in the summons.
During a default inquiry the judgment creditor or judgment debtor may request the court to summons a person to the inquiry to give or produce evidence.
A summons issued under subsection (1) must be served personally.
If a person who has been summoned under subsection (1) does not attend as ordered by the summons, the court may issue a warrant to have the person arrested and brought before the court.
A person who has been summoned under subsection (1) and who, without a reasonable excuse —
does not obey the summons; or
refuses to be sworn or answer any lawful question,
is guilty of a contempt of court.
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