The Civil Procedure Rules 1998

[F1 Application for consolidated attachment order E+W

89.19.— (1) In this rule, “a party affected by the application” means—

(a) where the application is made by the debtor, the creditor in the proceedings in which the application is made and any other creditor who has obtained an attachment of earnings order which is in force to secure the payment of a judgment debt by the debtor;

(b) where the application is made by the creditor, the debtor and every person who, to the knowledge of the applicant, has obtained an attachment of earnings order which is in force to secure the payment of a judgment debt by the debtor.

(2) An application for a consolidated attachment order may be made—

(a) by the debtor in respect of whom the order is sought; or

(b) by any person who has obtained or is entitled to apply for an attachment of earnings order to secure the payment of a judgment debt by that debtor.

(3) An application under paragraph (2) may be made in the proceedings in which any attachment of earnings order is in force and rules 89.3, 89.4 and 89.5 do not apply.

(4) Where an attachment of earnings order has been made—

(a) at the [F2 Civil National Business Centre] an application under paragraph (2) must be made to the debtor’s home court;

(b) at a County Court hearing centre, an application under paragraph (2) must be made to that hearing centre.

(5) An application under paragraph (2)(b) must—

(a) include a certificate as to the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid; and

(b) be supported by a statement of truth.

(6) Where an application for a consolidated attachment order is made, the court officer must—

(a) notify any party who may be affected by the application of its terms; and

(b) require them to notify the court in writing, within 14 days of service of notification upon them, giving their reasons for any objection they may have to the granting of the application.

(7) If notice of any objection is not given within the time stated, the court officer must make a consolidated attachment order.

(8) If any party objects to the making of a consolidated attachment order, the court officer must refer the application to the District Judge who may grant the application after considering the objection made and the reasons given.

(9) A person to whom two or more attachment of earnings orders are directed to secure the payment of judgment debts by the same debtor may request the court in writing to make a consolidated attachment order to secure the payment of those debts.

(10) On receipt by the court of a request under paragraph (9), paragraphs (1) and (6) to (8) apply, with the necessary modifications, as if the request were an application by the creditor.]

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)

F2 Words in rule 89.19(4)(a) substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 34(c)