Article 65 Attachment of earnings

For Order 27, rule 19(2) and (3) there shall be substituted thefollowing paragraphs—

“(2)

An application under paragraph (1) may be made in the proceedingsin 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.

(3)

Where the judgment which it is sought to enforce was not given bythe court which made the attachment of earnings order, the judgmentshall be automatically transferred to the court which made theattachment of earnings order.

(3A)

An application under paragraph (1)(b) shall certify the amount ofmoney remaining due under the judgment or order and that the whole orpart of any instalment due remains unpaid.

(3B)

Where an application for a consolidated attachment of earnings orderis made, the proper officer shall—

(a)

notify any party who may be affected by the application of itsterms; and

(b)

require him to notify the court in writing, within 14 days ofservice of notification upon him, giving his reasons for any objectionhe may have to the granting of the application.

(3C)

If notice of any objection is not given within the time stated, theproper officer shall make a consolidated attachment of earnings order.

(3D)

If any party objects to the making of a consolidated attachment ofearnings order, the proper officer shall refer the application to thedistrict judge who may grant the application after considering theobjection made and the reasons given.

(3E)

In the foregoing paragraphs of this rule, a party affected by theapplication means—

(a)

where the application is made by the debtor, the creditor in theproceedings in which the application is made and any other creditor whohas obtained an attachment of earnings order which is in force to securethe payment of a judgment debt by the debtor;

(b)

where the application is made by the judgment creditor, the debtorand every person who, to the knowledge of the applicant, has obtained anattachment of earnings order which is in force to secure the payment ofa judgment debt by the debtor.”.