Form EX550: Affidavit of Service for Court Orders

At a glance

• What EX550 is: A sworn affidavit required by CPR 71.5 to prove that an order to attend court for questioning, or a suspended committal order, was personally served on the judgment debtor.
• Why it is sworn evidence: Because non-compliance can lead to contempt of court — including imprisonment — the court demands an affidavit, not merely a signed certificate.
• Personal service requirement: CPR 71.3 requires the order to be served personally on the debtor, not less than 14 days before the hearing, unless the court orders otherwise.
• Timing rule: Wait at least 7 working days after serving the order before swearing the EX550; then file it at least 2 days before the hearing, or produce it at the hearing.
• Travel expenses: Under CPR 71.4, if the debtor requests travel expenses within 7 days of service, the creditor must pay them. Part B of EX550 records what happened. A debtor who was refused a legitimate request cannot be held in contempt for non-attendance.
• Authorised officers: The affidavit must be sworn before a solicitor, barrister (as a relevant authorised person under the Legal Services Act 2007), commissioner for oaths, notary public, or court officer — not a party or someone with an interest in the case.
• Consequence of non-compliance with the underlying order: Where CPR 71.4 and 71.5 are satisfied, a judge may hold the debtor in contempt and impose a fine, imprisonment, confiscation of assets, or other lawful punishment (CPR 71.8).

This guide covers England and Wales only. It is general information, not legal advice.

What Form EX550 is and what it does

Form EX550 is an HMCTS court form for England and Wales. Its full title is "Affidavit of Service", and it performs a single, load-bearing function in the CPR Part 71 enforcement process: it is the sworn statement that proves the judgment debtor was personally handed the order and that the travel-expenses question was handled correctly.

Two types of order can be evidenced by EX550:

1. An order to attend court for questioning — sometimes called an "order to obtain information from a judgment debtor". This order compels the debtor to attend a county court hearing centre and answer questions about their means and assets so the creditor can identify the most effective method of enforcement.
2. A suspended committal order — an order made because the debtor has already failed to comply with a court order, suspended on condition of future compliance. Service of that order must be evidenced before the suspension can be activated.

An affidavit is sworn evidence — the person who signs it does so in front of an authorised officer and, in law, attests that every fact stated is true. Making a false statement in a sworn affidavit can constitute perjury, a criminal offence under the Perjury Act 1911. This reflects the seriousness with which the courts treat the Part 71 process: the downstream consequence of a debtor's non-compliance is potential loss of liberty.

How EX550 fits into CPR Part 71

CPR Part 71 contains the rules governing orders to obtain information from judgment debtors. Understanding where EX550 sits requires a brief map of the process.

Step 1 — Obtaining the order (CPR 71.2)

A judgment creditor applies to the court for an order requiring the debtor (or a director or officer of a corporate debtor) to attend court and be questioned about their finances. The court issues the order; it is sealed by the court and specifies the hearing date and location — the county court hearing centre serving the debtor's home or business address, unless a judge decides otherwise.

Step 2 — Serving the order (CPR 71.3)

The order must be served personally on the individual named, not less than 14 days before the hearing, unless the court directs otherwise. Personal service means physically handing the document to the debtor. Postal service, leaving it at an address, or serving a solicitor is not sufficient unless the court has expressly permitted it.

The person carrying out service must be able to confirm — in Part A of the EX550 — how they identified the individual as the person named in the order.

Step 3 — Travel expenses (CPR 71.4)

Within 7 days of being served, the debtor may ask the creditor to pay a sum reasonably sufficient to cover travel expenses to and from court. If such a request is made, the creditor must pay it. This is not a discretionary step. Part B of EX550 records whether a request was made and, if so, whether it was paid.

The consequence of getting this wrong is significant: a debtor who requested reasonable travel expenses and was refused cannot be held in contempt of court for failing to attend the hearing. Courts take this rule seriously, and an EX550 that is silent on Part B, or that records a refused request, will undermine any subsequent committal application.

Step 4 — Swearing and filing the affidavit (CPR 71.5)

The judgment creditor must file an affidavit by the person who served the order — this is the EX550 — unless service was effected by the court. CPR 71.5 requires the affidavit to state:

• The details of how and when the order was served (Part A).
• Either that the debtor has not requested travel expenses, or that the creditor has paid the amount requested (Part B).

Timing: You must wait at least 7 working days after service before swearing the affidavit. Once sworn, it must be filed with the court at least 2 days before the hearing date, or produced at the hearing if it has not been filed in advance.

Step 5 — The hearing and consequences of non-attendance (CPR 71.8)

At the hearing, the questioning is conducted by a court officer unless the court has ordered a judge to preside. If the debtor fails to attend, and the creditor has complied with CPR 71.4 (travel expenses) and CPR 71.5 (the EX550 affidavit), the judge may hold the debtor in contempt of court. The available sanctions under CPR 71.8 are:

• A fine.
• A period of imprisonment (an order of committal).
• Confiscation of assets.
• Any other punishment permitted by law.

The EX550 is the creditor's evidence that the preconditions to these sanctions have been met. Without it — or with a defective one — the court cannot proceed to contempt.

The three parts of Form EX550

Part A — Service details

Part A records the name, address, and description of the person served, and asks how the server identified that person as the individual named in the order. The options typically include identification by the debtor's own admission, recognition by the server, or another named method. For service to be reliable, the identification section must be completed accurately and specifically — a vague or incomplete answer is a weak foundation for contempt proceedings.

Part B — Travel expenses

Part B is where the creditor confirms what happened with the travel-expenses request under CPR 71.4. The two possible positions are:

• The debtor did not ask for travel expenses (record this explicitly).
• The debtor asked for travel expenses and the creditor paid the amount requested (state the sum).

There is no third option where expenses were requested and refused. If that happened, the EX550 cannot honestly be completed in a way that satisfies CPR 71.5, and committal proceedings may not be available. Take legal advice if this applies to your situation.

Part C — The jurat (swearing or affirming)

Part C is the formal attestation section, known as the jurat. This is where the authorised officer records:

• The place and date on which the oath was administered.
• Their name, signature, and capacity (e.g. "solicitor" or "commissioner for oaths").

The deponent — the person making the affidavit — signs in the presence of the authorised officer. The oath or affirmation is the formal act that converts the document into sworn evidence. Anyone with a conscientious objection to swearing an oath may affirm instead, with the same legal effect.

Form EX550 versus Form N215: when each applies

A common point of confusion is the difference between EX550 and Form N215, the general certificate of service used across civil proceedings.

| Feature | Form N215 (certificate of service) | Form EX550 (affidavit of service) | |---|---|---| | Legal basis | CPR Part 6 | CPR 71.5 | | Type of evidence | Statement of truth | Sworn affidavit | | Signed before | No authorised officer required | Solicitor, commissioner for oaths, or court officer | | Used for | Most civil court documents | Orders to attend court (Part 71) and suspended committal orders | | Consequence of non-filing | Procedural irregularity | Bars contempt/committal proceedings |

Form N215 is filed after serving the vast majority of civil court documents. It is signed under a statement of truth but is not sworn. EX550 is required specifically where the order being served can lead to committal, because the stakes demand the higher standard of sworn evidence.

Who is authorised to take the oath on an EX550

The authorised persons who may administer the oath or affirmation in Part C of EX550 are:

• Solicitors and barristers who are "relevant authorised persons" under sections 12 and 18 of, and Schedules 2 and 4 to, the Legal Services Act 2007. Such persons may use the title "commissioner for oaths" and may charge a fee for this service. They must not be a party to the case or have an interest in it.
• Commissioners for oaths appointed under the Commissioners for Oaths Acts 1889 and 1891.
• Notaries public.
• Court officers authorised to take affidavits (at the relevant court office).

A practical note: if you plan to file the EX550 at the court office on the same visit, it is worth asking whether a court officer can administer the oath there and then, which avoids an additional appointment elsewhere.

What happens if service was defective

If the affidavit cannot honestly state that the order was personally served at least 14 days before the hearing, and that travel expenses were dealt with in accordance with CPR 71.4, the Part 71 process is at risk.

The courts have a discretion under CPR 3.10 to remedy procedural errors where no injustice has been caused, and CPR Part 81 (which governs committal applications) gives the court a similar power to waive procedural defects in committal proceedings if no injustice has resulted. However, relying on this discretion is risky: defective service, particularly of orders carrying contempt consequences, is treated seriously. Courts are unlikely to proceed to committal where there is genuine doubt about whether the debtor received proper notice.

If there was a problem with service, the usual course is to apply for a fresh order, re-serve correctly, and file a new EX550 based on the later service. Taking legal advice before the hearing is strongly recommended if service was irregular in any way.

Practical checklist before swearing EX550

Use this list before taking the form to an authorised officer:

1. Part A is complete. Full name, address and description of the person served; the method of identification ticked or completed accurately; the date, time, and place of service recorded.
2. At least 7 working days have passed since the date of service — do not swear the affidavit before this period has elapsed.
3. Part B reflects the true position on travel expenses — either no request was made, or a request was made and paid in full. Do not leave Part B blank.
4. The order served was the correct, sealed version — not a draft or an unsealed copy.
5. The authorised officer is independent — they must not be a party to the case or have any interest in it.
6. Filing timing is achievable — the affidavit must reach the court at least 2 days before the hearing, or you must be in a position to produce it at the hearing itself.

This guide is general information about how Form EX550 works in England and Wales. It is not legal advice. If your situation involves a dispute about service, defective service, or a debtor raising objections to contempt proceedings, seek advice from a qualified legal professional.

Last reviewed: June 2026 · Next review due: June 2027 or on legislative or procedural change.