In what two service situations may the court, on its own motion, move a payment order case into ordinary litigation, and is there any relief against that decision?
General information · Not legal advice
Material to check
In the practice material, the papers to read are the creditor's application for a payment order and the records of attempts to serve the debtor, since each shows whether service had to be by public notice or made abroad — the only two situations the provision names.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the provision's own conditions: where a payment order cannot be served other than by public notice, or where service must be made abroad, the court may, on its own initiative and by a decision, refer the case into litigation proceedings.
Another reading stresses what the provision closes off: it says no challenge of any kind lies against that decision, using the broad term for being unable to seek relief, and it says nothing about what follows once the case is in litigation, such as fees or the carrying over of the creditor's claim.
Your judgment
Once the case has moved into litigation, how does the file show whether the creditor's claim carries over unchanged, given the provision is silent on what follows?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to make the decision challengeable or to set out the consequences of remittal, or if a court decision explains what follows when a payment order case is referred into litigation.