The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

Application for attachment of earnings order by the person entitled to payments

25.—(1) Where the person to whom payments are required to be made under a maintenance order desires to apply to the High Court under section 73 of the Act of 1969 for an attachment of earnings order to secure those payments the application must be made by summons, issued out of the Office.

The defendant or respondent to the summons (in this order referred to as “the defendant”) shall be the person liable to make payments under the maintenance order and any application under Article 34 of the Order of 1978 for leave to enforce payment of any arrears which became due more than 12 months before the issue of the summons shall be made by the summons.

(2) The summons must be supported by an affidavit by the applicant stating—

(a) particulars of the maintenance order;

(b) the date of service of the maintenance order on the defendant or, if the order has not been served, the reason why service has not been effected;

(c) the amount of any arrears due to the applicant under the maintenance order, the date to which those arrears have been calculated and the date on which the next payment under the order falls due;

(d) particulars of any proceedings which have been taken for the enforcement of the maintenance order;

(e) the name and address of any person believed to be the defendant's employer;

(f) such of the following particulars relating to the defendant as are known to the applicant, that is to say—

(i) his full name and address,

(ii) his place of work,

(iii) the nature of his work and his works number, if any;

(g) such other facts relevant to the names of the defendant as are known to the applicant and in particular details of any other attachment of earnings order made by any other court must be given.

(3) Unless the Court otherwise directs, the summons, together with a copy of the affidavit in support, must be served on the defendant personally or by post at least 14 days before the return day and the defendant may, within 10 days after the service, file an affidavit in answer and in that case must serve a copy of his affidavit on the applicant within 3 days after filing it.