Textual Amendments
89.18. Subject to the provisions of rules 89.19 to 89.21, the court may make a consolidated attachment order where—
(a)two or more attachment of earnings orders are in force to secure the payment of judgment debts by the same debtor; or
(b)on an application for an attachment of earnings order to secure the payment of a judgment debt, or for a consolidated attachment order to secure the payment of two or more judgment debts, it appears to the court that an attachment of earnings order is already in force to secure the payment of a judgment debt by the same debtor.
89.19.—(1) In this rule, “a party affected by the application” means—
(a)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;
(b)where the application is made by the 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.
(2) An application for a consolidated attachment order may be made—
(a)by the debtor in respect of whom the order is sought; or
(b)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.
(3) An application under paragraph (2) may be made in the proceedings in which any attachment of earnings order is in force and rules 89.3, 89.4 and 89.5 do not apply.
(4) Where an attachment of earnings order has been made—
(a)at the County Court Money Claims Centre an application under paragraph (2) must be made to the debtor’s home court;
(b)at a County Court hearing centre, an application under paragraph (2) must be made to that hearing centre.
(5) An application under paragraph (2)(b) must—
(a)include a certificate as to the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid; and
(b)be supported by a statement of truth.
(6) Where an application for a consolidated attachment order is made, the court officer must—
(a)notify any party who may be affected by the application of its terms; and
(b)require them to notify the court in writing, within 14 days of service of notification upon them, giving their reasons for any objection they may have to the granting of the application.
(7) If notice of any objection is not given within the time stated, the court officer must make a consolidated attachment order.
(8) If any party objects to the making of a consolidated attachment order, the court officer must refer the application to the District Judge who may grant the application after considering the objection made and the reasons given.
(9) 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.
(10) On receipt by the court of a request under paragraph (9), paragraphs (1) and (6) to (8) apply, with the necessary modifications, as if the request were an application by the creditor.
89.20. Where—
(a)an application is made for an attachment of earnings order to secure the payment of a judgment debt by a debtor in respect of whom an attachment of earnings order is already in force to secure the payment of another judgment debt; and
(b)no application is made for a consolidated attachment order,
the court officer may make such an order of that officer’s own initiative after giving all persons concerned an opportunity of submitting written objections.
89.21.—(1) This rule applies where—
(a)a consolidated attachment order is in force to secure the payment of two or more judgment debts (“the original debts”); and
(b)a further judgment debt (“the additional debt”) is owed by the same debtor.
(2) The creditor of the additional debt may apply for the consolidated attachment order to be extended so as to secure the payment of the additional debt as well as the original debts.
(3) If the application to extend the consolidated attachment order is granted, the court may—
(a)vary the order accordingly; or
(b)discharge the order and make a new consolidated attachment order to secure payment of all the judgment debts.
(4) An application under this rule must be made to the court that made the consolidated attachment order and is treated for the purposes of rules 89.19 and 89.20 as an application for a consolidated attachment order.
89.22.—(1) If a court officer receives payment in compliance with a consolidated attachment order, the court officer must—
(a)first deduct any court fees due in respect of proceedings for or arising out of the order that are permitted to be deducted; and
(b)then divide the remainder of the payment to satisfy the relevant judgments falling within the ambit of the consolidated attachment order, in proportion with the amounts payable under each judgment.
(2) For the purpose of satisfying those relevant judgments, dividends may from time to time be declared and distributed among the creditors so entitled.]