Judgment Debtor Summons
判决债务人传票
- Introduction to Judgment Debtor Summons
判决债务人传票的引言
A judgment debtor summon is an enforcement procedure for the recovery or payment of money.
判决债务人传票是金额讨还或支付的执行程序。
For instance, if a defendant fails or refuses to pay a judgment sum worth RM25000, then a judgment debtor summons will be taken out against the defendant. The defendant will then be known as the judgment debtor who is the person against whom the judgment or order is made. On the other hand, the person taking out the judgment debtor summons will then be known as the judgment creditor.
例如，如果被告未能或拒绝支付金额RM25000的判决，则可对被告提出判决债务人传票。被告将被称为判决债务人，既是对其作出判决或庭令的人。另一方面，提出判决债务人传票的人将被称为判决债权人。
As established in Nakano (Malaysia) SDN.BHD. v Oriental Wealth (M) SDN. BHD. [2000] MLJU 435, the purpose of a judgment debtor summons is to discover the means of a defendant and as to whether a defendant can pay the judgment debt. It is used for the discovery of information on the assets and financial means of the judgment debtor as the judgment debtor will be required to declare his financial abilities and produce proof of income and expenses.
如Nakano (Malaysia) SDN.BHD. v Oriental Wealth (M) SDN. BHD. [2000] MLJU 435所裁定，判决债务人传票的目的是揭露被告的财力以及被告能否支付判决债务。它用于披露有关判决债务人资产和财力的信息，因为判决债务人会被要求申报其财务能力并出示收支证明。
- Application Procedures for Judgment Debtor Summons
- 判决债务人传票的申请程序
The principles guarding the application of this order are laid down in the Debtors Act 1957 together with Orders 48 and 74 of Rules of Court 2012.
1957年《债务人法令》以及2012年《法院规则》第48条和第74条立下了捍卫实施这庭令的原则。
If the judgment debtor is an individual, the judgment creditor must then apply for a judgment debtor summons by filing a request in Form 174. The judgment creditor will also file in court a judgment debtor summons in Form 177. The judgment debtor summons has to be served personally on the person summoned at least seven days before the day fixed for the hearing.
如果判决债务人是个人，则判决债权人随后需通过第174表格提出请求以申请判决债务人传票。判决债权人也需以第177表格提交判决债务人传票于法庭。判决债务人传票需在聆讯之日至少七天前当面送达于被召唤者。
The judgment debtor will then be required to attend before the registrar to disclose whether any debt is owing to the judgment debtor and if so, explain why the judgment debt has not been settled. Furthermore, the judgment debtor will also be examined as to whether he or she has any property or any means of satisfying the judgment or order. The judgment debtor may also be required to declare his or her financial abilities by producing relevant books, papers and documents relating to such property.
然后，判决债务人将被要求在主簿官面前披露判决债务人是否有任何被拖欠债务，如有，请解释为何该判决债务未被结清。此外，判决债务人还将被审问他或她是否拥有任何财产或满足判决或庭令的任何财力。判决债务人还可能需要出示与该资产有关的账簿，文件和证件，以申报其财务能力。
If the debtor is a company, the application of the judgment debtor summons is made ex-parte in Form 175 supported by affidavit in Form 176. Once leave is granted, the judgment debtor summons in Form 177 may then be issued and served on the judgment debtor together with the affidavit.
如果该债务人是公司，则在第175表格内单方申请该判决债务人传票，并在表格176内以宣誓书支持该申请。一旦准予许可，第177表格的判决债务人传票可连同宣誓书一并发出并送达于判决债务人。
The Court will then fix the matter for hearing. The directors or secretaries of the company would be required to come before the Court. The Court will then examine the directors by asking them to disclose their bank accounts, assets and other relevant records. The Court may also require them to disclose their financial expenses. The Court will then decide the manner in which the company will have to settle the judgment sum.
然后，法院将择此事进行审理。该公司的董事或秘书将被要求出庭。法院随后将审问董事要求披露他们的银行账户，资产和其他相关记录。法院也可要求披露他们财务花费。然后，法院将决定该公司需如何结清判决金额。
The Court may then make an order for the debtor to repay the debt in installments or in whatever manner the Court thinks is reasonable. This process will generally take three or four months to be determined in Court.
然后，法院可下令让债务人分期偿还，或以任何法院认为合理的方式偿还其债务。此过程在法庭一般需耗时三到四个月的时间。
- Failure to Make Payment by the Judgment Debtor
- 判决债务人未付款
In the event that the judgment debtor does not appear in Court or defaults in making the payment despite the service of the Judgment Debtor Summons, committal proceedings may be commenced where the Court may order him to be arrested or be brought before the court to be examined.
如果判决债务人在判决债务人传票已送达后，未能出庭或未能按时付款，则可开始拘押程序，即法院可下令将其逮捕或带到法院进行审问。
The application for an order of arrest shall be made ex parte by notice of application supported by an affidavit to a Judge in Chambers. It would require him to explain why he or she had failed to comply with the order and show cause as to why he should not be sent to prison for failing to comply with the court order. This notice shall be in Form 179 and it has to be served personally at least 4 days before the debtor’s attendance.
逮捕令应由宣誓书支持的单方面申请通知书向内庭法官提出申请。他将被要求解释为什么他或她没有遵守该庭令，并陈述为什么他不该因未遵守该庭令而被送入监狱的理由。这通知应采用第179表格，且需在债务人出庭至少4天前当面送达。
The court may then decide to either vary the terms as it thinks just or order to commit the judgment debtor to prison.
然后，法院可裁定，在其认为公正的情况下更改条款，或下令将判决债务人收监。
However, it should be acknowledged that the judgment debtor would not be committed to prison unless it does appear that he or she has the sufficient means to comply with the order.
但是，应当承认的是除非判决债务人的确显露出有足够的能力遵守该庭令，否则他或她不会被收监。
- Conclusion
- 结论
According to section 6(3) of the Limitation Act 1953, it is established that the enforcement of the judgment cannot be brought after the expiration of twelve years from which the judgment became enforceable. It is also noted that no arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.
根据1953年《时效法》第6条第3款，它确立了判决不能在生效后的十二年期届满之后执行。还应注意的是，自利息到期之日六年期届满之后，任何判决债务的利息欠款均不得讨还。
Therefore, a judgment creditor is advised to enforce the judgment promptly as any mode of execution will be barred once the limitation period has passed.
因此，判决债权人应立即执行判决，因为一旦时效期限过去，任何执行方式都将被禁止。
Lee Nicholas Heng Jin
The University of Sheffield
