The Civil Procedure Rules 1998

Mode of applying E+W

Rule 4—(1) A judgment creditor who desires to apply for an attachment of earnings order shall file his application certifying the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid and, where it is sought to enforce an order of a magistrates' court—

(a) a certified copy of the order; and

(b) a witness statement or affidavit verifying the amount due under the order or, if payments under the order are required to be made to the [F1 [F2 designated officer] for] the magistrates' court, a certificate by that [F2 designated officer] to the same effect.

(2) On the filing of the documents mentioned in paragraph (1) the court officer shall, where the order to be enforced is a maintenance order, fix a day for the hearing of the application.

Textual Amendments

F1 Words in Sch. 2 CCR Order 27 rule 4(1)(b) substituted (1.4.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(b), 28(a)

F2 Words in Sch. 2 CCR Order 27 rule 4(1)(b) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 176(a)