F1PART 89ATTACHMENT OF EARNINGS

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SECTION 2 – APPLICATIONS FOR ATTACHMENT OF EARNINGS ORDERS

Service and reply89.5

1

Notice of the application together with Form N56 (“the reply form”), must be served on the debtor by the court.

2

The notice of application must include an instruction to the debtor to complete and file the reply form within 8 days after service, and that instruction constitutes a requirement under section 14(4) of the 1971 Act.

3

Within 8 days after service of the documents listed in paragraph (1), the debtor must file a completed reply form.

4

On receipt of a reply from the debtor, the court officer must send a copy of the reply to the creditor.

5

No proceedings may be brought for an alleged offence under section 23(2)(c) or (f) of the 1971 Act in relation to the requirement to reply, unless—

a

the notice of application and reply form have been served personally on the debtor; or

b

the court is satisfied that the notice and reply form came to the debtor’s knowledge in sufficient time for the debtor to comply with the requirement; and

c

by the end of the time for filing the reply, the debtor has not paid to the creditor the money remaining due under the judgment or order.

6

If the debtor pays the money remaining due under the judgment or order, the creditor must inform the court officer that the payment has been made.