The Civil Procedure Rules 1998

[F1 SECTION 2 – APPLICATIONS FOR ATTACHMENT OF EARNINGS ORDERS E+W

Textual Amendments

F1 Pt. 89 inserted (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 20, Sch. 2 (with rule 25)

Where to make applications E+W

89.3.   An application to the County Court for an attachment of earnings order must be made to the [F2 Civil National Business Centre].

Textual Amendments

F2 Words in rule 89.3 substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 34(a)

Mode of applying E+W

89.4.— (1) An application for an attachment of earnings order must include a certificate of the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid.

(2) Where an attachment of earnings order is sought to enforce an order of a magistrates’ court, the applicant must also file with the application—

(a) a certified copy of the order; and

(b) a witness statement verifying the amount due under the order or, if payments under the order are required to be made to the designated officer for the magistrates’ court, a certificate by that designated officer to the same effect.

Service and reply E+W

89.5.— (1) Notice of the application together with Form N56 (“the reply form”), must be served on the debtor by the court.

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

(3) Within 8 days after service of the documents listed in paragraph (1), the debtor must file a completed reply form.

(4) On receipt of a reply from the debtor, the court officer must send a copy of the reply to the creditor.

(5) 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 the notice and reply form came to the debtor’s knowledge in sufficient time for the debtor to comply with the requirement; and

(c) by the end of the time for filing the reply, the debtor has not paid to the creditor the money remaining due under the judgment or order.

(6) If the debtor pays the money remaining due under the judgment or order, the creditor must inform the court officer that the payment has been made.

Notice to debtor’s employer E+W

89.6.— (1) Without prejudice to the power conferred by section 14(1) of the 1971 Act, the court officer may at any stage of the proceedings, send to the debtor’s employer a notice requesting them to give to the court a statement of the debtor’s earnings.

(2) The statement of debtor’s earnings must—

(a) state the debtor’s earnings;

(b) state the debtor’s anticipated earnings;

(c) include such particulars as requested in the notice from the court; and

(d) be given to the court within such period as is specified in the notice.

Attachment of earnings order E+W

89.7.— (1) If the court officer—

(a) receives the debtor’s reply form; and

(b) has sufficient information to make an attachment of earnings order,

the court officer may make such an order.

(2) The court must send a copy of any attachment of earnings order made to the parties and to the debtor’s employer.

(3) Where an order is made under paragraph (1), the creditor or the debtor may, within 14 days of service of the order and giving reasons, apply on notice for the order to be re-considered.

(4) Following receipt of an application in accordance with paragraph (3), the court officer must transfer the application to the debtor’s home court for the hearing of the application.

(5) The creditor and the debtor must be given not less than 2 days’ notice of any hearing fixed pursuant to paragraph (4).

(6) On hearing an application under paragraph (3), the District Judge may confirm the order or set it aside and make such new order as the District Judge thinks fit.

(7) Where an order is not made under paragraph (1), the court officer must refer the application to the District Judge who may—

(a) determine the application without a hearing; or

(b) transfer the application to the debtor’s home court for hearing.

(8) The creditor and the debtor must be given not less than 8 days’ notice of any hearing fixed pursuant to paragraph (7)(b).

(9) Where an order is made under paragraph (7)(a), the creditor or the debtor may, within 14 days of service of the order and giving reasons, apply on notice for the order to be re-considered.

(10) Following receipt of a notice in accordance with paragraph (9), the court officer must transfer the application to the debtor’s home court for hearing.

(11) The creditor and the debtor must be given not less than 2 days’ notice of any hearing fixed pursuant to paragraph (10).

(12) On hearing an application under paragraph (10), the District Judge may confirm the order or set it aside and make such new order as the District Judge thinks fit.

(13) If the creditor does not appear at the hearing of the application under paragraph (7)(b) the court may proceed to hear the application and to make an order in the creditor’s absence if—

(a) the court has received a witness statement from the creditor; or

(b) the creditor requests the court in writing to proceed in any event.

(14) No attachment of earnings order may be made to secure the payment of a judgment debt if—

(a) the debt is of less than £50; or

(b) the amount remaining payable under a judgment is less than £50.

Failure by debtor E+W

89.8.— (1) In this rule, “statement of means” means a statement given under section 14(1) of the 1971 Act.

(2) If the debtor has failed to comply with rule 89.5(3) or to make payment to the creditor, the court officer may issue an order under section 14(1) of the 1971 Act which must, in addition to meeting the requirements of rule 89.16(1), direct that any payments made thereafter must be paid into the court and not direct to the creditor.

(3) If the person served with an order made under paragraph (2) fails—

(a) to obey the order;

(b) to file a statement of means; or

(c) to make payment,

the court officer must transfer the application to the debtor’s home court.

(4) Upon receipt of an application transferred under paragraph (3), the court officer must issue a notice calling on the debtor to show good reason why they should not be imprisoned.

(5) Any notice under paragraph (4) must be served on the debtor personally not less than 5 days before the hearing.

Suspended committal order E+W

89.9.— (1) If the debtor fails to attend at an adjourned hearing of an application for an attachment of earnings order and a committal order is made, the court making the committal order may also order that its execution will be suspended for such period or on such terms or conditions as it may specify.

(2) Unless the court otherwise directs, the creditor must serve on the debtor a copy of any order made under paragraph (1).

(3) Where a committal order is suspended under paragraph (1) and the debtor fails to attend at the time and place specified in the committal order, a certificate to that effect given by the court officer is sufficient authority for the issue of a warrant of committal.

(4) If execution of a committal order is suspended under paragraph (1), the debtor may apply for a further suspension.

(5) The debtor may apply for a further suspension by attending at, or writing to, the court office and explaining why they have been unable to comply with the terms of the original suspension.

(6) If the debtor applies for a further suspension in accordance with paragraph (5), the court must—

(a) fix a date for the hearing of the application by the judge; and

(b) give the debtor and creditor at least 3 days’ notice of the hearing.

(7) The District Judge may suspend execution of the committal order pending the hearing of the application under paragraph (5).

Costs E+W

89.10.— (1) Where costs are allowed to the creditor on an application for an attachment of earnings order, there may be allowed—

(a) a charge of a legal representative for attending the hearing and, if the court so directs, for serving the application; and

(b) the court fee on the issue of the application.

(2) For the purpose of paragraph (1)(a) a legal representative who has prepared on behalf of the creditor a witness statement or request under rule 89.7(13) is treated as having attended the hearing.

(3) The costs may be fixed and allowed without detailed assessment under Part 47.

Contents and service of order E+W

89.11.— (1) An attachment of earnings order must contain such of the following information about the debtor as is known to the court—

(a) the debtor’s full name and address;

(b) the debtor’s place of work; and

(c) the nature of the debtor’s work and the debtor’s works number, if any,

and that information will be the prescribed particulars for the purposes of section 6(3) of the 1971 Act.

(2) An attachment of earnings order and any order varying or discharging such an order must be served on the parties and the debtor’s employer.

(3) Where—

(a) the order is directed to a corporation; and

(b) that corporation has requested that the court serve on the corporation documents relating to the debtor or to the class of persons to whom they belong at a particular address,

service may be effected on the corporation at that address, if the District Judge thinks fit.

(4) Where an attachment of earnings order is made to enforce a judgment or order of the High Court or a magistrates’ court, a copy of the attachment of earnings order and of any order discharging it must be sent by the court officer of the County Court to the court officer of the High Court, or, as the case may be, the designated officer for the magistrates’ court.

Application to determine whether particular payments are earnings E+W

89.12.— (1) An application to the court under section 16 of the Act of 1971 to determine whether payments to the debtor of a particular class or description are earnings for the purpose of an attachment of earnings order must be made to the debtor’s home court.

(2) Upon receipt of an application under paragraph (1), the court officer must—

(a) fix a date and time for the hearing of the application; and

(b) give notice of the hearing to the persons mentioned in section 16(2)(a), (b) and (c) of the 1971 Act.

Notice of order having ceased to have effect E+W

89.13.   Where an attachment of earnings order ceases to have effect under section 8(4) of the 1971 Act, the court officer of the court or centre in which the matter is proceeding must give notice to the person to whom the order was directed that the order has ceased to have effect.

Variation and discharge by court of own initiative E+W

89.14.— (1) Subject to paragraph (11), the powers conferred by section 9(1) of the 1971 Act may be exercised by the court of its own initiative in the circumstances mentioned in the following paragraphs.

(2) Where it appears to the court that a person served with an attachment of earnings order directed to that person does not have the debtor in their employment, the court may discharge the order.

(3) Where an attachment of earnings order which has lapsed under section 9(4) of the 1971 Act is again directed to a person who appears to the court to have the debtor in their employment, the court may make such consequential variations in the order as it thinks fit.

(4) Paragraph (5) applies where—

(a) the court makes an attachment of earnings order (“the first order”); and

(b) the court makes or is notified of the making of another attachment of earnings order (“the second order”)—

(i) which is against the same debtor; and

(ii) which is not to secure the payment of a judgment debt or payments under an administration order.

(5) The court may discharge or vary the first order, having regard to the priority accorded to the second order by paragraph 8 of Schedule 3 of the 1971 Act.

(6) Paragraph (7) applies where the court makes an attachment of earnings order and then makes—

(a) an administration order; or

(b) an order under section 4(1)(b) of the 1971 Act.

(7) The court may—

(a) discharge the attachment of earnings order; or

(b) if it exercised the power conferred by section 5(3) of the 1971 Act, vary the order as it thinks fit.

(8) On making a consolidated attachment order the court may discharge any earlier attachment of earnings order made to secure the payment of a judgment debt by the same debtor.

(9) Where it appears to the court that a bankruptcy order has been made against a person in respect of whom an attachment of earnings order is in force to secure the payment of a judgment debt, the court may discharge the attachment of earnings order.

(10) Where an attachment of earnings order has been made to secure the payment of a judgment debt and the court grants permission to issue execution for the recovery of the debt, the court may discharge the order.

(11) Before varying or discharging an attachment of earnings order of its own initiative under this rule, the court must, unless it thinks it unnecessary in the circumstances to do so, give the debtor and the person on whose application the order was made an opportunity of being heard on the question whether the order should be varied or discharged, and for that purpose the court officer may transfer the application to the debtor’s home court.

(12) Upon transfer of the application under paragraph (11) the court officer must give the debtor and the person on whose application the order was made notice of the date, time and place fixed for the hearing.

Transfer of attachment order E+W

89.15.— (1) This rule applies where the question of making a consolidated attachment order is being considered at one County Court hearing centre, but the relevant attachment of earnings order was originally made at another County Court hearing centre, or was made at the [F3 Civil National Business Centre].

(2) The court officer may transfer the attachment proceedings in which the attachment of earnings order was made to the County Court hearing centre where the question of making a consolidated attachment order is being considered.

(3) Without prejudice to paragraph (2), the Judge or District Judge may transfer the attachment proceedings to a different County Court hearing centre if that judge considered that the attachment proceedings could more conveniently proceed at that different centre.

Textual Amendments

F3 Words in rule 89.15(1) substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 34(b)

Exercise of power to obtain statement of earnings etc. E+W

89.16.— (1) An order under section 14(1) of the 1971 Act must—

(a) be indorsed with or incorporate a notice warning the person to whom it is directed of the consequences of disobedience to the order; and

(b) be served on them personally.

[F4 (2) If a person has failed to comply with an order under section 14(1) of the 1971 Act but can demonstrate any reason why they should not be (or should not have been) fined for failure to comply with the order, the court may direct that any information required by the order be provided by witness statement, affidavit or otherwise.]

Textual Amendments

F4 Rule 89.16(2) substituted (1.10.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(1), 17(1)

Offences E+W

89.17.— (1) Paragraph (2) applies where—

(a) it is alleged that a person has committed any offence mentioned in section 23(2)(a), (b), (d), (e) or (f) of the Act of 1971 in relation to proceedings in, or to an attachment of earnings order made by, the County Court; and

(b) the alleged offender is not being proceeded against summarily.

(2) The District Judge may issue a notice to the alleged offender to show cause why that alleged offender should not be punished for the alleged offence.

(3) The notice must be served on the alleged offender personally not less than 14 days before the hearing.

[F5 (4) In paragraphs (5) to (8), reference to a fine is to a fine imposed as the result of an offence under section 23(2) of the 1971 Act.

(5) If a fine is not paid in accordance with the order imposing it, the court officer shall, as soon as reasonably possible, report the matter to a judge.

(6) Where a fine is directed to be paid by instalments, default in the payment of any instalment may be taken as if default had been made in payment of the whole of the fine.

(7) If an order is made for payment of a fine to be enforced by warrant of control, the order shall be treated as an application to the court for the issue of the warrant at the time when the order was made.

(8) If a person pays a fine and later gives evidence to satisfy the court that, if the evidence had been given earlier, no fine or a smaller fine would have been imposed, the court may order the whole or part of the fine to be repaid.]]

Textual Amendments

F5 Rule 89.17(4)-(8) substituted for rule 89.17(4) (1.10.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(1), 17(2)