{
  "url": "https://openlegislation.uk/county-court-amendment-no-2-rules-1991/article-56",
  "json_url": "https://openlegislation.uk/county-court-amendment-no-2-rules-1991/article-56.json",
  "legislation": "uksi/1991/1126",
  "legislation_title": "The County Court (Amendment No. 2) Rules 1991",
  "legislation_url": "https://openlegislation.uk/county-court-amendment-no-2-rules-1991",
  "path": "article/56",
  "kind": "article",
  "number": "56",
  "heading": "Attachment of earnings",
  "text": "For Order 27, rule 7, there shall be substituted thefollowing—\n“Attachment of earnings order\n7 (1) On receipt of the debtor’s reply, the proper officer may, if he hassufficient information to do so, make an attachment of earnings orderand a copy of the order shall be sent to the parties and to the debtor'semployer.\n(2) Where an order is made under paragraph (1), the judgment creditor orthe debtor may, within 14 days of service of the order on him and givinghis reasons, apply on notice for the order to be re-considered and theproper officer shall fix a day for the hearing of the application andgive to the judgment creditor and the debtor not less than 2 days'notice of the day so fixed.\n(3) On hearing an application under paragraph (2), the district judgemay confirm the order or set it aside and make such new order as hethinks fit and the order so made shall be entered in the records of thecourt.\n(4) Where an order is not made under paragraph (1), the properofficer shall refer the application to the district judge who shall, ifhe considers that he has sufficient information to do so without theattendance of the parties, determine the application.\n(5) Where the district judge does not determine the application underparagraph (4), he shall direct that a day be fixed for the hearing ofthe application whereupon the proper officer shall fix such a day andgive to the judgment creditor and the debtor not less than 8 days'notice of the day so fixed.\n(6) Where an order is made under paragraph (4), the judgment creditor orthe debtor may, within 14 days of service of the order on him and givinghis reasons, apply on notice for the order to be re-considered; and theproper officer shall fix a day for the hearing of the application andgive to the judgment creditor and the debtor not less than 2 days'notice of the day so fixed.\n(7) On hearing an application under paragraph (6), the district judgemay confirm the order or set it aside and make such new order as hethinks fit and the order so made shall be entered in the records of thecourt.\n(8) If the creditor does not appear at the hearing of the applicationunder paragraph (5) but—\n(a) the court has received an affidavit of evidence from him, or\n(b) the creditor requests the court in writing to proceed in hisabsence,\nthe court may, notwithstanding anything in Order 21, rule 1,proceed to hear the application and to make an order thereon.\n(9) An attachment of earnings order may be made to secure the payment ofa judgment debt if the debt is—\n(a) of not less than £50, or\n(b) for the amount remaining payable under a judgment for a sum of notless than £50.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/1126/article/56",
    "retrieved_at": "2026-10-29T14:44:43.018548+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}