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[F1PART 89E+WATTACHMENT OF EARNINGS

SECTION 2 – APPLICATIONS FOR ATTACHMENT OF EARNINGS ORDERSE+W

Suspended committal orderE+W

89.9.(1) If the debtor fails to attend at an adjourned hearing of an application for an attachment of earnings order and a committal order is made, the court making the committal order may also order that its execution will be suspended for such period or on such terms or conditions as it may specify.

(2) Unless the court otherwise directs, the creditor must serve on the debtor a copy of any order made under paragraph (1).

(3) Where a committal order is suspended under paragraph (1) and the debtor fails to attend at the time and place specified in the committal order, a certificate to that effect given by the court officer is sufficient authority for the issue of a warrant of committal.

(4) If execution of a committal order is suspended under paragraph (1), the debtor may apply for a further suspension.

(5) The debtor may apply for a further suspension by attending at, or writing to, the court office and explaining why they have been unable to comply with the terms of the original suspension.

(6) If the debtor applies for a further suspension in accordance with paragraph (5), the court must—

(a)fix a date for the hearing of the application by the judge; and

(b)give the debtor and creditor at least 3 days’ notice of the hearing.

(7) The District Judge may suspend execution of the committal order pending the hearing of the application under paragraph (5).]