The County Court (Amendment No. 2) Rules 1991

Attachment of earnings

57.  After Order 27, rule 7 there shall be inserted the following newrule—

“Failure by debtor

7A.— (1) If the debtor has failed to comply with rule 5(2) or to make paymentto the judgment creditor, the proper officer may issue an order undersection 14(1) of the Act of 1971 which shall—

(a) be indorsed with or incorporate a notice warning the debtor of theconsequences of disobedience to the order,

(b) be served on the debtor personally, and

(c) direct that any payments made thereafter shall be paid into thecourt and not direct to the judgment creditor.

(2) Without prejudice to rule 16, if the person served with an ordermade pursuant to paragraph (1) fails to obey it or to file a statementof his means or to make payment, the proper officer shall issue a noticecalling on that person to show good reason why he should not beimprisoned and any such notice shall be served on the debtor personallynot less than 5 days before the hearing.

(3) Order 29, rule 1 shall apply, with the necessary modifications andwith the substitution of references to the district judge for referencesto the judge, where a notice is issued under paragraph (2) as it applieswhere a notice is issued under paragraph (4) of that rule.

(4) In this rule“statement of means”means a statement given undersection 14(1) of the Act of 1971.”.