Rule 75.9 Applications for enforcementF1F2
Where an authority applies for any of the following orders, it must send to the Centre a separate application for each order sought—
a charging order;
an attachment of earnings order;
an order to obtain information;
a third party debt order.
An application under paragraph (1) may combine different orders for recovery made against the same respondent under rule 75.3(4).
(“Order for recovery” is defined in rule 75.1(2)(bb).)
In respect of each order for recovery to which an application under paragraph (1) relates, the authority must—
where it has not attempted to enforce the order for recovery by taking control of goods, state the reason why no such attempt was made;
certify that there has been no relevant return of the warrant of control;
specify the date on which the order for recovery was served on the respondent; and
certify that the period required before making the application has expired.
Where an application under paragraph (1) relates to more than one order for recovery, the information required by paragraph (3) must be provided in the form specified in Practice Direction 75.
Before an application under paragraph (1) is issued, the Centre shall send—
any application for a charging order or an attachment of earnings order to the Civil National Business Centre; and
any application for an order to obtain information or a third party debt order to the appropriate County Court hearing centre,
together with any material relating to the application.
Annotations
Textual amendments
- F1
Pt. 75 inserted (1.10.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(a), Sch. 9
- F2
Rule 75.9 substituted for rules 75.9-75.11 (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 25(7)
Notes on Part 75
Textual amendments
- F2
Words in Pt. 75 Table of Contents inserted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 25(1)(a)
- F3
Words in Pt. 75 Table of Contents inserted (6.4.2009) by The Civil Procedure (Amendment No.3) Rules 2008 (S.I. 2008/3327), rules 1, 13(a)
- F4
Words in Pt. 75 Table of Contents substituted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 35(a) (with rule 41)
- F5
Word in Pt. 75 Table of Contents substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 25(1)(b)
- F6
Words in Pt. 75 Table of Contents omitted (1.10.2026) by virtue of The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 25(1)(c)