[F1 PART 39 E+W ATTACHMENT OF EARNINGS

Textual Amendments

F1 Pt. 39 inserted (6.4.2016) by The Family Procedure (Amendment) Rules 2016 (S.I. 2016/355), rules 1(2), 8(a), Sch. 1 (with rule 9)

CHAPTER 2 E+W SECURING PAYMENTS UNDER A MAINTENANCE ORDER IN THE FAMILY COURT – ATTACHMENT OF EARNINGS ORDER

Service and reply E+W

39.6.— (1) Notice of the application and a reply form must be served by the court on the debtor in accordance with Chapter 3 of Part 6.

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

(3) 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 those documents came to the debtor’s knowledge in sufficient time to comply with the requirement.

(4) The court officer must send to the creditor a copy of any reply form received from the debtor.]