Rule 3
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(1)
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Subject to paragraphs (2) and (3), an application
for an attachment of earnings order may be made to the court for the district
in which the debtor resides.
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(2)
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If the debtor does not reside within England or
Wales, or the creditor does not know where he resides, the application may be
made to the court in which, or for the district in which, the judgment or order
sought to be enforced was obtained.
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(3)
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Where the creditor applies for attachment of
earnings orders in respect of two or more debtors jointly liable under a
judgment or order, the application may be made to the court for the district in
which any of the debtors resides, so however that if the judgment or order was
given or made by any such court, the application shall be made to that
court.
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Rule 5
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(1)
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Notice of the application together with a form of
reply in the appropriate form, shall be served on the debtor in the manner
required for service of an order under Order 25, rule 3.
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(2)
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The debtor shall, within 8 days after service on
him of the documents mentioned in paragraph (1), file a reply in the form
provided, and the instruction to that effect in the notice to the debtor shall
constitute a requirement imposed by virtue of section 14(4) of the Act of 1971:
Provided that no proceedings shall be taken for an offence alleged to have been
committed under section 23(2)(c) or (f) of the Act of 1971 in relation to the
requirement unless the said documents have been served on the debtor personally
or the court is satisfied that they came to his knowledge in sufficient time
for him to comply with the requirement.
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(2A)
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Nothing in paragraph (2) shall require a
defendant to file a reply if, within the period of time mentioned in that
paragraph, he pays to the judgment creditor the money remaining due under the
judgment or order and, where such payment is made, the judgment creditor shall
so inform the court officer.
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(3)
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On receipt of a reply the court officer shall
send a copy to the applicant.
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Rule 7
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(1)
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On receipt of the debtors reply, the court
officer may, if he has sufficient information to do so, make an attachment of
earnings order and a copy of the order shall be sent to the parties and to the
debtors employer.
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(2)
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Where an order is made under paragraph (1), the
judgment creditor or the debtor may, within 14 days of service of the order on
him and giving his reasons, apply on notice for the order to be re-considered
and the court officer shall fix a day for the hearing of the application and
give to the judgment creditor and the debtor not less than 2 days notice
of the day so fixed.
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(3)
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On hearing an application under paragraph (2),
the district judge may confirm the order or set it aside and make such new
order as he thinks fit and the order so made shall be entered in the records of
the court.
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(4)
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Where an order is not made under paragraph (1),
the court officer shall refer the application to the district judge who shall,
if he considers that he has sufficient information to do so without the
attendance of the parties, determine the application.
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(5)
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Where the district judge does not determine the
application under paragraph (4), he shall direct that a day be fixed for the
hearing of the application whereupon the court officer shall fix such a day and
give to the judgment creditor and the debtor not less than 8 days notice
of the day so fixed.
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(6)
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Where an order is made under paragraph (4), the
judgment creditor or the debtor may, within 14 days of service of the order on
him and giving his reasons, apply on notice for the order to be re-considered;
and the court officer shall fix a day for the hearing of the application and
give to the judgment creditor and the debtor not less than 2 days notice
of the day so fixed.
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(7)
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On hearing an application under paragraph (6),
the district judge may confirm the order or set it aside and make such new
order as he thinks fit and the order so made shall be entered in the records of
the court.
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(8)
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If the creditor does not appear at the hearing of
the application under paragraph (5) but -- the court has received a witness statement
or affidavit of evidence from him; or
- the creditor requests the court in writing
to proceed in his absence, the court may proceed to hear the application and to
make an order thereon.
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(9)
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An attachment of earnings order may be made to
secure the payment of a judgment debt if the debt is -- of not less than £50; or
- for the amount remaining payable under a
judgment for a sum of not less than £50.
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Rule 7A
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(1)
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If the debtor has failed to comply with rule 5(2)
or to make payment to the judgment creditor, the court officer may issue an
order under section 14(1) of the Act of 1971 which shall -- be indorsed with or incorporate a notice
warning the debtor of the consequences of disobedience to the order;
- be served on the debtor personally;
and
- direct that any payments made thereafter
shall be paid into the court and not direct to the judgment creditor.
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(2)
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Without prejudice to rule 16, if the person
served with an order made pursuant to paragraph (1) fails to obey it or to file
a statement of his means or to make payment, the court officer shall issue a
notice calling on that person to show good reason why he should not be
imprisoned and any such notice shall be served on the debtor personally not
less than 5 days before the hearing.
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(3)
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Order 29, rule 1 shall apply, with the necessary
modifications and with the substitution of references to the district judge for
references to the judge, where a notice is issued under paragraph (2) or (4) of
that rule.
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(4)
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In this rule statement of means
means a statement given under section 14(1) of the Act of 1971.
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Rule 8
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(1)
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An order made under section 23(1) of the Act of
1971
(134)
for the attendance of the
debtor at an adjourned hearing of an application for an attachment of earnings
order to secure payments under a maintenance order shall -- be served on the debtor personally not less
than 5 days before the day fixed for the adjourned hearing; and
- direct that any payments made thereafter
shall be paid into the court and not direct to the judgment creditor.
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(2)
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An application by a debtor for the revocation of
an order committing him to prison and, if he is already in custody, for his
discharge under subsection (7) of the said section 23 shall be made to the
judge or district judge in writing without notice to any other party showing
the reasons for the debtors failure to attend the court or his refusal
to be sworn or to give evidence, as the case may be, and containing an
undertaking by the debtor to attend the court or to be sworn or to give
evidence when next ordered or required to do so.
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(3)
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The application shall, if the debtor has already
been lodged in prison, be attested by the governor of the prison (or any other
officer of the prison not below the rank of principal officer) and in any other
case be made on witness statement or affidavit.
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(4)
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Before dealing with the application the judge or
district judge may, if he thinks fit, cause notice to be given to the judgment
creditor that the application has been made and of a day and hour when he may
attend and be heard.
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Rule 10
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(1)
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An attachment of earnings order shall contain
such of the following particulars relating to the debtor as are known to the
court, namely -- his full name and address;
- his place of work; and
- the nature of his work and his works
number, if any,
and those particulars shall be the prescribed
particulars for the purposes of section 6(3) of the Act of 1971.
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(2)
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An attachment of earnings order and any order
varying or discharging such an order shall be served on the debtor and on the
person to whom the order is directed, and CPR Part 6 and CPR rules 40.4 and
40.5 shall apply with the further modification that where the order is directed
to a corporation which has requested the court that any communication relating
to the debtor or to the class of persons to whom he belongs shall be directed
to the corporation at a particular address, service may, if the district judge
thinks fit, be effected on the corporation at that address.
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(3)
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Where an attachment of earnings order is made to
enforce a judgment or order of the High Court or a magistrates court, a
copy of the attachment of earnings order and of any order discharging it shall
be sent by the court officer of the county court to the court officer of the
High Court, or, as the case may be, the justices' chief executive for the
magistrates court.
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Rule 13
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(1)
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Subject to paragraph (9), the powers conferred by
section 9(1) of the Act of 1971 may be exercised by the court of its own motion
in the circumstances mentioned in the following paragraphs.
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(2)
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Where it appears to the court that a person
served with an attachment of earnings order directed to him has not the debtor
in his employment, the court may discharge the order.
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(3)
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Where an attachment of earnings order which has
lapsed under section 9(4) of the Act of 1971 is again directed to a person who
appears to the court to have the debtor in his employment, the court may make
such consequential variations in the order as it thinks fit.
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(4)
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Where, after making an attachment of earnings
order, the court makes or is notified of the making of another such order in
respect of the same debtor which is not to secure the payment of a judgment
debt or payments under an administration order, the court may discharge or vary
the first-mentioned order having regard to the priority accorded to the other
order by paragraph 8 of Schedule 3 to the Act of 1971.
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(5)
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Where, after making an attachment of earnings
order, the court makes an order under section 4(1)(b) of the Act of
1971
(135)
or makes an administration
order, the court may discharge the attachment of earnings order or, if it
exercises the power conferred by section 5(3) of the said Act, may vary the
order in such manner as it thinks fit.
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(6)
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On making a consolidated attachment of earnings
order the court may discharge any earlier attachment of earnings order made to
secure the payment of a judgment debt by the same debtor.
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(7)
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Where it appears to the court that a bankruptcy
order has been made against a person in respect of whom an attachment of
earnings order is in force to secure the payment of a judgment debt, the court
may discharge the attachment of earnings order.
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(8)
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Where an attachment of earnings order has been
made to secure the payment of a judgment debt and the court grants permission
to issue execution for the recovery of the debt, the court may discharge the
order.
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(9)
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Before varying or discharging an attachment of
earnings order of its own motion under any of the foregoing paragraphs of this
rule, the court shall, unless it thinks it unnecessary in the circumstances to
do so, give the debtor and the person on whose application the order was made
an opportunity of being heard on the question whether the order should be
varied or discharged, and for that purpose the court officer may give them
notice of a date, time and place at which the question will be
considered.
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Rule 14
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(1)
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Where the court by which the question of making a
consolidated attachment order falls to be considered is not the court by which
any attachment of earnings order has been made to secure the payment of a
judgment debt by the debtor, the district judge of the last-mentioned court
shall, at the request of the district judge of the first-mentioned court,
transfer to that court the matter in which the attachment of earnings order was
made.
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(2)
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Without prejudice to paragraph (1), if in the
opinion of the judge or district judge of any court by which an attachment of
earnings order has been made, the matter could more conveniently proceed in
some other court, whether by reason of the debtor having become resident in the
district of that court or otherwise, he may order the matter to be transferred
to that court.
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(3)
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The court to which proceedings arising out of an
attachment of earnings are transferred under this rule shall have the same
jurisdiction in relation to the order as if it has been made by that
court.
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Rule 16
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(1)
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Where it is alleged that a person has committed
any offence mentioned in section 23(2)(a), (b), (d), (e) or (f) of the Act of
1971 in relation to proceedings in, or to an attachment of earnings order made
by, a county court, the district judge shall, unless it is decided to proceed
against the alleged offender summarily, issue a summons calling upon him to
show cause why he should not be punished for the alleged offence.
The summons shall be served on the alleged
offender personally not less than 14 days before the return day.
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(2)
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Order 34, rules 3 and 4, shall apply, with the
necessary modifications, to proceedings for an offence under section 23(2) of
the Act of 1971 as they apply to proceedings for offences under the County
Courts Act 1984
(137)
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Rule 17
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(1)
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The foregoing rules of this order shall apply in
relation to maintenance payments as they apply in relation to a judgment debt,
subject to the following paragraphs.
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(2)
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An application for an attachment of earnings
order to secure payments under a maintenance order made by a county court shall
be made to that county court.
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(3)
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Any application under section 32 of the
Matrimonial Causes Act 1973
(138)
for
permission to enforce the payment of arrears which became due more than 12
months before the application for an attachment of earnings order shall be made
in that application.
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(3A)
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Notice of the application together with a form of
reply in the appropriate form, shall be served on the debtor in the manner
required for service of an order under Order 25, rule 3. (3B) Service of the
notice shall be effected not less than 21 days before the hearing, but service
may be effected at any time before the hearing on the applicant satisfying the
court by witness statement or affidavit that the respondent is about to remove
from his address for service. (3C) Rule 5(2A) shall not apply.
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(4)
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An application by the debtor for an attachment of
earnings order to secure payments under a maintenance order may be made on the
making of the maintenance order or an order varying the maintenance order, and
rules 4 and 5 shall not apply.
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(5)
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Rule 7 shall have effect as if for paragraphs (1)
to (8) there were substituted the following paragraph -(1) An
application for an attachment of earnings order may be heard and determined by
the district judge, who shall hear the application in private.
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(6)
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Rule 9 shall apply as if for the reference to the
amount payable under the relevant adjudication there were substituted a
reference to the arrears due under the related maintenance order.
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(7)
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Where an attachment of earnings order made by the
High Court designates the court officer of a county court as the collecting
officer, that officer shall, on receipt of a certified copy of the order from
the court officer of the High Court, send to the person to whom the order is
directed a notice as to the mode of payment.
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(8)
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Where an attachment of earnings order made by a
county court to secure payments under a maintenance order ceases to have effect
and -- the related maintenance order was made by
that court; or
- the related maintenance order was an order
of the High Court and -
- the court officer of the county court
has received notice of the cessation from the court officer of the High Court;
or
- a committal order has been made in
the county court for the enforcement of the related maintenance order,
the court officer of the county court shall
give notice of the cessation to the person to whom the attachment of earnings
order was directed.
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(9)
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Where an attachment of earnings order has been
made by a county court to secure payments under a maintenance order, notice
under section 10(2) of the Act of 1971 to the debtor and to the person to whom
the district judge is required to pay sums received under the order shall be in
the form provided for that purpose, and if the debtor wishes to request the
court to discharge the attachment of earnings order or to vary it otherwise
than by making the appropriate variation, he shall apply to the court, within
14 days after the date of the notice, for the remedy desired.
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(10)
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Rule 13 shall have effect as if for paragraphs
(4) to (7) there were substituted the following paragraph -
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(4) Where it appears to the court by
which an attachment of earnings order has been made that the related
maintenance order has ceased to have effect, whether by virtue of the terms of
the maintenance order or under section 28 of the Matrimonial Causes Act
1973
(139)
or otherwise, the court may
discharge or vary the attachment of earnings order. |
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Rule 19
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(1)
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An application for a consolidated attachment
order may be made -- by the debtor in respect of whom the order
is sought; or
- by any person who has obtained or is
entitled to apply for an attachment of earnings order to secure the payment of
a judgment debt by that debtor.
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(2)
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An application under paragraph (1) may be made in
the proceedings in which any attachment of earnings order (other than a
priority order) is in force and rules 3, 4 and 5 of this order shall not
apply.
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(3)
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Where the judgment which it is sought to enforce
was not given by the court which made the attachment of earnings order, the
judgment shall be automatically transferred to the court which made the
attachment of earnings order.
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(3A)
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An application under paragraph (1)(b) shall
certify the amount of money remaining due under the judgment or order and that
the whole or part of any instalment due remains unpaid.
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(3B)
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Where an application for a consolidated
attachment of earnings order is made, the court officer shall -- notify any party who may be affected by the
application of its terms; and
- require him to notify the court in writing,
within 14 days of service of notification upon him, giving his reasons for any
objection he may have to the granting of the application.
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(3C)
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If notice of any objection is not given within
the time stated, the court officer shall make a consolidated attachment of
earnings order.
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(3D)
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If any party objects to the making of a
consolidated attachment of earnings order, the court officer shall refer the
application to the district judge who may grant the application after
considering the objection made and the reasons given.
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(3E)
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In the foregoing paragraphs of this rule, a party
affected by the application means -- where the application is made by the
debtor, the creditor in the proceedings in which the application is made and
any other creditor who has obtained an attachment of earnings order which is in
force to secure the payment of a judgment debt by the debtor;
- where the application is made by the
judgment creditor, the debtor and every person who, to the knowledge of the
applicant, has obtained an attachment of earnings order which is in force to
secure the payment of a judgment debt by the debtor.
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(4)
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A person to whom two or more attachment of
earnings orders are directed to secure the payment of judgment debts by the
same debtor may request the court in writing to make a consolidated attachment
order to secure the payment of those debts, and on receipt of such a request
paragraphs (3B) to (3E) shall apply, with the necessary modifications, as if
the request were an application by the judgment creditor.
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