Debt collection actions for amounts up to $10,000 are the jurisdiction of the Magistrates' Court.

They are commenced by way of Ordinary Summons ("the Summons"), which must be sent to the Court in triplicate by you as the plaintiff or by your attorney. The person being sued is known as the defendant, but is referred to as the "debtor".

You or your attorney must provide the Court with the full name and address of the debtor, including house number and postal code. Each Summons must also include the full name and address of you or your attorney. If you, or the debtor, are a married woman or an infant (e.g. under the age of 18), you must say so in the Summons.

The particulars of your claim must be set out as clearly as possible. Each Summons is issued by the Clerk of the Magistrates' Court, who endorses on it the date of issue and the time and date of hearing ("the return date"), normally four to six weeks later.

The Summons is served on the debtor either by a Bailiff of the Magistrates' Court or through private service by a Process Server. Wherever possible, service should be made by delivering a copy of the Summons to the debtor or to an adult at the usual or last known place of abode or business of the debtor.

Proof of service must be endorsed on the back of the Summons in order to show that service has been properly effected. Where the debtor is an infant, service should be made on the infant's father or guardian or if there are neither, upon the person with whom the infant resides or under whose care he is, unless the Court directs otherwise.

Where a corporation is the debtor, the Summons must be served at its registered office or on an officer of the company or in such manner as the Court may sanction. Provision is made under the Magistrates' Court Rules, 1973 for service upon mentally disordered persons and prisoners.

If the Summons is not served prior to the return date because the debtor cannot be found, another return date is fixed.

If there is still some reason that you are unable to serve the debtor, the Magistrate may make an order for the substitution for service by notice, by advertisement, or otherwise.

Fees must be paid to the Magistrates' Court, ranging from $10 to $50 depending upon the amount of the debt. The service fee to the Bailiff is $20.00. If a Summons has to be re-issued, the fee is $5.

If the debtor appears on the return date and disputes the debt, a date for hearing is set. If the debtor does not appear, or appears but does not dispute the debt, you are entitled to judgment.

Once that occurs, you may claim five per cent annual interest on that amount until the debt is paid. Sometimes it is necessary to enforce the judgment. However, proceedings to do so cannot be taken until three clear days after the judgment date.

A Judgment Summons brings the debtor before the Magistrate to explain why the debt has not been paid.

Often, the Magistrate will order the debt to be paid in instalments, and may attach to the order a default clause whereby the debtor can be imprisoned for a term if he fails to make payments. If the Magistrate makes an order without an imprisonment clause, and the debtor is in breach of the Court's order, you may issue a warrant to apprehend a person charged with contempt of Court.

You may also apply to the Court to enforce a judgment by way of an Attachment of Earnings Order. In that case, the debtor's salary is attached on a weekly or monthly basis.

If the employer fails to comply with the terms of the order, the employer could be held in contempt of Court. Finally, you may enforce a judgment by issuing a Writ of Execution. If you know of any assets of the debtor, you can order the Bailiff to seize and sell those assets by auction to realise the amount of the outstanding debt. If the debtor fails to appear at the hearing of the Judgment Summons or at the Attachment of Earnings application, you may obtain leave to issue a warrant for the debtor's arrest. As you can see, commencing proceedings against a debtor in the Magistrates' Court can be a lengthy process for which you can incur extensive legal fees.

Legal Assistant Diane P. Alleyne is a member of the Litigation Department of Appleby Spurling & Kempe. Copies of Mrs. Alleyne's columns can be obtained on the Appleby Spurling & Kempe web site at www.ask.bm.

This column should not be used as a substitute for professional legal advice. Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.