Form 33: Summons to a Default Hearing

When is a default hearing summons used?

Rule 140(1)(c) addresses a default in paying amounts required by a support order under the Family Maintenance Enforcement Act. The applicant requests the summons by using Form 30 and supporting documents. If issued, Form 33 requires the named debtor to attend a court hearing and explain why enforcement should not proceed. The official Form 33 expressly refers to an attached statement of arrears; carefully check that the amount and dates are supported.

Information on the issued Form 33

1. Confirm the correct court registry, file number and BCFMA case identifier, if relevant.
2. Identify the debtor with accurate name, date of birth and contact details.
3. Check that the statement of arrears used for the hearing is attached and current.
4. Make sure the court-specified date, time and appearance location or method are clearly shown.
5. The judge or justice issues the summons; use the court-issued document for service rather than an unsigned draft.

How is the summons served?

Under Rule 140(2), the applicant normally arranges personal service at least seven days before the court appearance: an adult who is not a party leaves the issued summons, Form 30 application and supporting documents with the debtor. Rule 140(3) allows personal service by a peace officer arranged by a clerk, and Rule 140(4) allows a judge to order another service method. Keep proof that the correct issued package was served.

What should a debtor do on receiving it?

Read the date and instructions, attend, and take records relevant to payments, arrears, financial circumstances and any previous enforcement directions. The court may make orders under the enforcement legislation. Failure to attend can lead to orders in the debtor's absence or a judge-issued warrant under Rule 141; it does not mean an arrest happens automatically.

Worked example

Avoid confusion with other summonses

Form 34 concerns a later, more serious committal hearing, not an ordinary default hearing. Form 31 covers other court-attendance situations. Do not treat the summons as proof that the judge has already made an imprisonment order.