Application for attachment of earnings order
48.04 Application for attachment of earnings order
(1) A judgment creditor may apply for an attachment of earnings order by filing:
(a) an attachment of earnings summons in accordance with Form 48A; and
an affidavit in accordance with Form 48B.
(2) The affidavit may contain statements of fact based on information and belief if the grounds are set out.
(3) When a registrar issues an attachment of earnings summons, he or she must fix a date, time and place for the hearing of the application and mark them on the summons.
(4) Not later than 14 days before the date fixed for the hearing, the judgment creditor must serve personally on the judgment debtor:
a copy of the attachment of earnings summons;
a copy of the affidavit; and
(c) a judgment debtor's declaration of financial circumstances in accordance with Form 47C.
(5) Not later than 7 days before the date fixed for the hearing, the judgment debtor must:
complete and sign the declaration of financial circumstances;
return the original declaration to the Court; and
serve a copy on the judgment creditor.
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