3Right of imprisoned debtor to call upon creditor to show cause

### 3 Right of imprisoned debtor to call upon creditor to show cause > *\[Section 3 Amended by 25 Geo. V No. 78 \]**\[Section 3 Amended by No. 46 of 1991, s. 4 and Sched. 2 \]* > > > (1)  Any person committed to prison in any of the cases excepted from the operation of [section 3 of the](/view/html/inforce/2026-04-12/act-1870-033#GS3@EN) [Debtors Act 1870](/view/html/inforce/2026-04-12/act-1870-033) may at any time during imprisonment apply to a judge for a summons calling upon the person to whom is due or payable the sum of money for default in payment of which the debtor has been committed to prison, or the agent or attorney of such person, to show cause why such debtor should not be released from imprisonment. > > > (2)  If upon the hearing of such summons it shall not be proved to the satisfaction of the judge that the debtor had at the date of his imprisonment the means to pay the sum in respect of which he has made default and had refused or neglected to pay the same, or if in the opinion of the judge other sufficient reasons shall be shown why the debtor should be discharged from further imprisonment, such judge may order the release of such debtor from imprisonment, and the gaoler or other person having the custody of such debtor, upon having delivered to him any order of release made by any judge under the authority of this Act, shall thereupon discharge and release the debtor therein named from his imprisonment. > > > (3)  Proof that the debtor had, at the date of his imprisonment, means to pay the sum in respect of which he has made default, may be given in such manner as such judge shall think just; and for the purposes of such proof the debtor and any witnesses may be summoned and examined on oath in accordance with the prescribed rules.