The Family Procedure Rules 2010

[F1Permission to enforce arrearsE+W

This section has no associated Explanatory Memorandum

39.20.—(1) This rule applies where a creditor applies for an attachment of earnings order to enforce the payment of arrears which became due more than 12 months before the date of the application for an attachment of earnings order.

(2) Where the creditor requires the permission of the court under—

(a)section 32 of the 1973 Act;

(b)section 32(4) of the 1978 Act; or

(c)paragraph 63 of Schedule 5 to the 2004 Act,

to enforce the payment of such arrears, the permission application must be made in the application for the attachment of earnings order.

(3) Notice of the application, together with a form of reply in the appropriate form, must be served on the debtor in the manner set out in rule 6.23 and the notice must be served not less than 14 days before the hearing.]

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