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r 72.15

Determination of earnings

In force
Part 2Warrants of delivery

72.15 Determination of earnings

(1)

The Court must, on the application of the person to whom an attachment of earnings order is directed, determine whether payments to the judgment debtor of a particular class or description specified in the application are earnings for the purpose of that order.

(2)

A person to whom an attachment of earnings order is directed who makes an application under paragraph (1) does not incur any liability for failing to comply with the order with respect to any payments of the class or description specified in the application that are made by that person to the judgment debtor while the application, or any appeal from an order made on the application, is pending.

(3)

Paragraph (2) does not apply in respect of any payment made after an application is withdrawn or an appeal from an order made on the application is abandoned.

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