Application for attachment of earnings order
72.02 Application for attachment of earnings order
A judgment creditor may apply for an attachment of earnings order.
An application under paragraph (1) must be by summons in Form 72A and must be supported by an affidavit which may contain statements of fact based on information and belief if the grounds are set out.
The affidavit must be in Form 72B.
The summons, a copy of the affidavit and a notice in Form 72C as to the property and assets of the judgment debtor and the debts, liabilities and other financial obligations of the judgment debtor must be served on the judgment debtor not less than 14 days before the day for hearing named in the summons.
The Court must not make an attachment of earnings order to secure the payment of a judgment debt if a warrant has been issued in that case committing the judgment debtor to prison under the Imprisonment of Fraudulent Debtors Act 1958 and has not been executed, but in that case the Court may discharge the warrant with a view to making an attachment of earnings order instead.
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