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The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

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ORDER 105REGISTRATION OF MAINTENANCE ORDERS: ATTACHMENT OF EARNINGS ORDERS FOR THE ENFORCEMENT OF MAINTENANCE ORDERS

I. INTERPRETATION
Definitions

1.  In this Order—

the Act of 1920” means the Maintenance Orders (Facilities for Enforcement) Act, 1920(1);

the Act of 1950” means the Maintenance Orders Act, 1950(2);

the Act of 1958” means the Maintenance Orders Act, 1958(3);

the Act of 1966” means the Maintenance and Affiliation Orders Act (Northern Ireland) 1966(4);

the Act of 1972” means the Maintenance Orders (Reciprocal Enforcement) Act 1972(5);

the Office” means the Probate and Matrimonial Office.

II. PROCEEDINGS UNDER THE ACT OF 1920
Registration, etc., of orders under Act of 1920

2.—(1) The prescribed officer for the purposes of section 1(1) of the Act of 1920 shall be the Master, and on receiving from the Secretary of State a copy of a maintenance order made by a court in any part of Her Majesty's dominions outside the United Kingdom to which the Act of 1920 extends he shall cause the order to be registered in the register kept for the purpose of that Act (in this rule referred to as “the register”).

The copy of the order received from the Secretary of State shall be filed in the Office.

(2) An application for the transmission of a Northern Ireland maintenance order under section 2 of the Act of 1920 shall be made to the Master by lodging in the Office a certified copy of the order and an affidavit by the applicant stating the applicant's reasons for believing that the person liable to make payments under the order is resident in some part of Her Majesty's dominions outside the United Kingdom to which the Act of 1920 extends, together with full particulars, so far as known to the applicant, of that person's address and occupation and any other information which may be required by the law of that part of Her Majesty's dominions for the purpose of the enforcement to the order.

(3) If it appears to the Master that the person liable to make payments under the Northern Ireland maintenance order is resident in some part of Her Majesty's dominions outside the United Kingdom to which the Act of 1920 extends, he shall send the certified copy of the order to the Secretary of State for transmission to the Governor of that part of Her Majesty's dominions.

Particulars of any Northern Ireland maintenance order sent to the Secretary of State under the said section 2 shall be entered in the register and the fact that this has been done shall be noted in the court minutes.

(4) Any person who satisfies the Master that he is entitled to or liable to make payments under a Northern Ireland maintenance order or a maintenance order made by a court in any part of Her Majesty's dominions outside the United Kingdom to which the Act of 1920 extends, or a solicitor acting on behalf of any such person or, with the leave of the Master, any other person, may inspect the register and bespeak copies of any order which has been registered and of any document filed therewith.

(5) In this rule “Northern Ireland maintenance order” means a maintenance order made by the High Court.

[E.r. 2]

III. PROCEEDINGS UNDER PART II OF THE ACT OF 1950 AND PART I OF THE ACT OF 1958
Interpretation of Part III

3.  In this Part of this Order—

Deputy Principal Clerk” means the Deputy Principal Clerk of Session;

Senior Registrar” means the Senior Registrar of the Principal Registry of the Family Division of the High Court of Justice in England and Wales;

Northern Ireland Order” means a maintenance order made by the High Court;

English order” means a maintenance order made by the High Court of Judicature in England and Wales;

Scottish order” means a maintenance order made by the Court of Session;

Maintenance order” means a maintenance order to which section 16 of the Act of 1950 applies;

the register” means the register kept for the purpose of the Act of 1950 and the Act of 1958;

"a magistrates' court" means a magistrates' court in England and Wales;

Registration, etc., of Northern Ireland Order under the Act of 1950

4.—(1) An application for the registration of a Northern Ireland order under Part II of the Act of 1950 may be made by lodging with the Master—

(a)a letter of application;

(b)an affidavit by the applicant;

(c)a copy of that affidavit, and

(d)a certified copy of the order.

(2) The affidavit lodged under paragraph (1) shall state—

(a)the address in the United Kingdom, and the occupation of the person liable to make payments under the order;

(b)the date of service of the order on the person liable to make payments thereunder or, if the order has not been served, the reason why service has not been effected;

(c)the reason why it is convenient that the order should be enforceable in England and Wales or Scotland as the case may be;

(d)the amount of any arrears due to the applicant under the order, and

(e)that the order is not already registered.

(3) If it appears to the Master that the person liable to make payments under the order resides in England and Wales or Scotland and that it is convenient that the order should be enforceable there, he shall send a certified copy of the order and the applicant's affidavit to the Senior Registrar or the Deputy Principal Clerk as the case may be.

(4) The prescribed officer for the purposes of the Act of 1950 and the Act of 1958 shall be the Master.

(5) On receipt of notice of the registration of a Northern Ireland order in the Supreme Court of Judicature in England and Wales or the Court of Session the Master shall cause particulars of the notice to be entered in Part I of the register.

(6) The fact that the order has been registered in the Supreme Court of Judicature in England and Wales or the Court of Session shall be noted in the court minutes.

Re-registration of a Northern Ireland Order in a Magistrates' Court under Part 1 of the Act of 1958

5.—(1) Where a Northern Ireland order bas been registered in the Supreme Court of Judicature in England and Wales under Part II of the Act of 1950 an application under Part I of the Act of 1958 for the registration of that order in a magistrates' court shall be made by lodging with the Master—

(a)a letter of application;

(b)an affidavit by the applicant;

(c)a copy of the affidavit, and

(d)a certified copy of the order.

(2) The affidavit lodged under paragraph (1) shall state—

(a)the date of the registration of the order in the Supreme Court of Judicature in England and Wales under Part II of the Act of 1950;

(b)the address and occupation of the person liable to make payments under the order;

(c)the reason why registration of the order in a magistrates' court is desired;

(d)the amount of any arrears due under the order, the date to which those arrears have been calculated and the date on which the next payment under the order falls due;

(e)the date of birth of each child named in the Order;

(f)whether any proceedings are pending for the enforcement of the order; and

(g)that the order is not already registered under the Act of 1958 or if the order has been registered under that Act, whether the registration has been cancelled.

(3) The period required to be subscribed by rules of court for the purpose of section 2(2) of the Act of 1958 shall be 14 days.

(4) If the application is granted the Master shall send to the clerk of the appropriate magistrates' court—

(a)the copy of the affidavit;

(b)a certified copy of the Northern Ireland order, and

(c)a copy of the order granting the application.

(5) On receiving notice that the order has been registered in a magistrates' court the Master shall enter particulars of the registration in Part I of the register and in the Court minutes.

Discharge or variation of registered order

6.  Where the High Court makes an order varying or discharging a Northern Ireland order registered under the Act of 1950 the Master shall send to the Senior Registrar or the Deputy Principal Clerk, as the case may be, and where the order is re-registered in a magistrates' court under the Act of 1958 to the clerk of that court, a certified copy of the order varying or discharging the registered order.

Cancellation of registration

7.  Where the registration of a Northern Ireland order registered in the Supreme Court of Judicature in England and Wales or the Court of Session under the Act of 1950 is cancelled under section 24(1) of the Act of 1950, and where the order is registered in a magistrates' court under the Act of 1958 the registration in that court is cancelled under section 5 of the Act of 1958 the Master on receipt of notice of cancellation shall cause particulars of it to be entered in Part I of the register.

Registration, etc. of English and Scottish Orders

8.—(1) In relation to an English or Scottish order the prescribed officer for the purposes of section 17(2) of the Act of 1950 shall be the Master.

(2) On receipt of a certified copy of an English or Scottish order for registration, the Master shall—

(a)cause the order to be registered in Part II of the register and notify the Senior Registrar or Deputy Principal Clerk as the case may be, that this has been done;

(b)file the certified copy and any statutory declaration or affidavit as to the amount of any arrears due under the order.

(3) An application under section 21(2) of the Act of 1950 by a person liable to make payments under a Scottish order registered in the High Court to adduce before the Court such evidence as is mentioned in that section shall be made by lodging a request for an appointment before the Master; and notice of the day and time fixed for hearing shall be sent by post to the applicant and to the person entitled to payments under the order.

(4) The prescribed officer to whom notice of the discharge or variation of an English or Scottish order registered in the High Court is to be given under section 23(1)(a) of the Act of 1950 shall be the Master to whom a certified copy of the order was sent for registration, and on receipt of the notice he shall cause particulars of it to be registered in Part II of the register.

(5) An application under section 24(1) of the Act of 1950 for the cancellation of the registration of an English or Scottish order shall be made ex parte by affidavit to the Master, and the Master, if he cancels the registration, shall note the cancellation in Part II of the register and send notice of the cancellation to the Senior Registrar or Deputy Principal Clerk, as the case maybe.

[E.r. 5]

Inspection of register

9.  Any person who satisfies the Master that he is entitled to or liable to make payments under a maintenance order of a superior court or a solicitor acting on behalf of any such person or, with the leave of the Master any other person, may inspect the register and bespeak copies of any such order which is registered in the High Court under Part II of the Act of 1950 and of any statutory declaration or affidavit filed therewith.

[E.r. 6]

IV. REGISTRATION, ETC. OF CERTAIN ORDERS UNDER THE ACT OF 1966
Interpretation of Part IV

10.—(1) In this Part of this Order—

maintenance order” has the meaning assigned to it by section 10(2) of of the Act of 1966;

proper officer” means the Master;

the register” means any register kept for the purposes of the Act of 1966.

[E.r. 7]

Application for registration

11.—(1) An application under section 11 of the Act of 1966 for the registration in a court of summary jurisdiction of a maintenance order made by the High Court may be made—

(a)on the making of the maintenance order or an order varying the maintenance order, or

(b)at any other time by lodging with the proper officer a certified copy of the maintenance order and an affidavit by the applicant, together with a copy thereof, stating—

(i)the address and occupation of the person liable to make payments under the maintenance order;

(ii)the reason why registration of the maintenance order in a court of summary jurisdiction is desired;

(iii)the amount of any arrears due to the applicant under the maintenance order, the date to which those arrears have been calculated and the date on which the next payment under the maintenance order falls due;

(iv)the date of birth of each child named in the maintenance order;

(v)that the maintenance order is not already registered under the Act of 1966; and

(vi)whether any proceedings are pending for the enforcement of the maintenance order.

(2) Where such application is granted, the applicant must, if he has not already done so, lodge with the proper officer a certified copy of the maintenance order and, where the application was granted on the making of the maintenance order or any order varying the maintenance order, a statement signed by the applicant or his solicitor, and a copy thereof, giving the address of the person entitled to receive payments under the maintenance order and the particulars mentioned in paragraph (1)(b)(i), (iii) and (iv).

(3) The period required to be prescribed by rules of Court for the purpose of section 11(2) of the Act of 1966 shall be 14 days.

(4) The proper officer shall cause the certified copy of a maintenance order required by the said section 11(2) to be sent to the clerk of petty sessions acting for the petty sessions district in which the defendant appears to be, indorsed with a note that the application for registration of the maintenance order has been granted and to be accompanied by a copy of the affidavit or statement lodged under paragraph (1) or (2), as the case may be.

(5) On receipt of notice that a maintenance order made by the High Court has been registered in a court of summary jurisdiction in accordance with section 11(5) of the Act of 1966, the proper officer shall enter particulars of the registration in the Court minutes.

[E.r. 8]

Registration of order made by a court of summary judisdiction

12.  On receipt of a certified copy of a maintenance order made by a court of summary jurisdiction sent to him pursuant to section 11(4)(c) of the Act of 1966, the Master, who is the prescribed officer for the purpose of that section, shall cause the order to be registered in the High Court by filing the copy and making an entry in the register and shall notify the clerk of petty sessions that the maintenance order has been duly registered.

[E.r. 9]

Variation or discharge of registered order

13.—(1) Where the High Court makes an order varying or discharging a maintenance order registered in a court of summary jurisdiction under Part II of the Act of 1966, the proper officer shall send a certified copy of the first-mentioned order to the clerk of petty sessions concerned.

(2) Where a certified copy of an order varying a maintenance order made by the High Court and registered in a court of summary jurisdiction under Part II of the Act of 1966 is received from the clerk of petty sessions, the proper officer shall file the copy and enter particulars of the variation in the Court minutes.

(3) Where a certified copy of an order varying or discharging a maintenance order made by a court of summary jurisdiction and registered in the High Court under Part II of the Act of 1966 is received from a clerk of petty sessions, the proper officer shall—

(a)file the copy, and

(b)enter particulars of the variation or discharge in the register.

[E.r. 10]

Appeal from variation, etc. of order by court of summary jurisdiction

14.  Order 55 shall apply to an appeal which lies to a Judge of the High Court under section 13(8) of the Act of 1966.

[E.r. 11]

Cancellation of registration

15.—(1) A notice under section 14 of the Act of 1966 by a person entitled to receive payments under a maintenance order registered in the High Court must be given to the proper officer.

(2) Where the High Court gives notice under the said section 14, the proper officer shall endorse the notice on the certified copy mentioned in rule 13(1).

(3) Where notice under section 14 of the Act of 1966 is given in respect of a maintenance order registered in the High Court, the proper officer, on being satisfied by an affidavit by the person entitled to receive payments under the order that no proceedings for the enforcement of the order are pending, shall—

(a)cancel the registration by entering particulars of the notice in the register, and

(b)send notice of the cancellation to the clerk of petty sessions acting for the petty sessions district in which the order was made, stating, if such be the case, that the cancellation is in consequence of a notice given under subsection (1) of section 14 of the Act of 1966.

(4) On receipt of notice from a clerk of petty sessions that the registration in a court of summary jurisdiction under the act of 1966 of a maintenance order made by the High Court has been cancelled, the proper officer shall enter particulars of the cancellation in the Court minutes.

[E.r. 12]

V. PROCEEDINGS UNDER THE ACT OF 1972
Interpretation of Part V

16.  In this Part of this Order—

(a)any reference to a provision of the Act of 1972 in relation to a country or territory with respect to which an Order in Council has been made under Section 40 of that Act is a reference to that provision as applied by the Order in Council;

(b)for the purposes of sections 2(3), 5(4) and 14 of the Act of 1972 the prescribed officer shall be the Master.

[E.r. 21]

Application for transmission of maintenance order to reciprocating country

17.  An application for a maintenance order to be sent to a reciprocating country under section 2 of the Act of 1972 shall be made by lodging in the Office—

(a)an affidavit by the applicant stating—

(i)the applicant's reason for believing that the payer under the maintenance order is residing in that country, and

(ii)the amount of any arrears due to the applicant under the order, the date to which those arrears have been calculated and the date on which the next payment under the order falls due;

(b)a certified copy of the maintenance order;

(c)a statement giving such information as the applicant possesses as to the whereabouts of the payer;

(d)a statement giving such information as the applicant possesses for facilitating the identification of the payer (including, if known to the applicant, the name and address of any employer of the payer, his occupation and the date and place of issue of any passport of the payer), and

(e)if available to the applicant, a photograph of the payer.

[E.r. 22]

Certification of evidence given on provisional order

18.  Where the High Court makes a provisional order under section 5 of the Act of 1972, the document required by subsection (4) of that section to set out or summarise the evidence given in the proceedings shall be authenticated by a certificate signed by the Master.

[E.r. 23]

Confirmation of provisional order

19.—(1) On receipt by the High Court of a certified copy of a provisional order made in a reciprocating country, together with the document mentioned in section 5(5) of the Act of 1972, the Master shall fix a time and place for the Court to consider whether or not the provisional order should be confirmed and shall send to the payee under the maintenance order notice of the time and place so fixed together with a copy of the provisional order and of that document.

(2) The Master shall send to the court which made the provisional order a certified copy of any order confirming or refusing to confirm that order.

[E.r. 24]

Taking of evidence for court in reciprocating country

20.—(1) The High Court shall be the prescribed court for the purposes of taking evidence pursuant to a request by a court in a reciprocating country under section 14 of the Act of 1972 where—

(a)the request for evidence relates to a maintenance order made by a superior court in the United Kingdom, and

(b)the witness resides in Northern Ireland.

(2) The evidence may be taken before a judge or officer of the High Court as the court thinks fit and the appropriate provisions of these Rules relating to the examination on oath before a Judge, an officer or examiner of the Court or some other person, of any witness or person shall apply with the necessary modifications.

[E.r. 25]

Notification of variation or revocation

21.  Where the High Court makes an order (other than a provisional order) varying or revoking a maintenance order a copy of which has been sent to a reciprocating country in pursuance of section 2 of the Act of 1972, the Master shall send a certified copy of the order to the court in the reciprocating country.

[E.r. 26]

Transmission of documents

22.  Any document required to be sent to a court in a reciprocating country under section 5(4) or section 14(1) of the Act of 1972 or by rule 19(2) or 21 shall be sent to the Secretary of State for transmission to that court unless the Master is satisfied that, in accordance with the law of the country, the document may properly be sent by him direct to that court.

[E.r. 27]

Application of Part V to the Republic of Ireland

23.—(1) In relation to the Republic of Ireland rules 16 to 22 shall have effect subject to the provisions of this rule.

(2) For the words “a reciprocating country” wherever they occur there shall be substituted the words "the Republic of Ireland."

(3) In rule 16(2) for the reference to section 5(4) there shall be substituted a reference to section 5(2).

(4) the following paragraphs shall be added to rule 17 :

(f)a statement as to whether or not the payer appeared in the proceedings in which the maintenance order was made and, if he did not, the original or a copy certified by the applicant or his solicitor to be a true copy of a document which establishes that notice of the institution of the proceedings was served on the payer;

(g)a document which establishes that notice of the order was sent to the payer, and

(h)if the payee received legal aid in the proceedings in which the order was made, a copy certified by the applicant or his solicitor to be a true copy of the legal aid certificate.

(5) For rule 18 there shall be substituted the following rule :

Certification of evidence given on application for variation or revocation

18.  Where an application is made to the High Court for the variation or revocation of an order to which section 5 of the Act of 1972 applies, the certified copy of the application and the documents required by subsection (2) of that section to set out or summarise the evidence in support of the application shall be authenticated by a certificate signed by the Master.

(6) Rule 19 shall not apply.

(7) For rule 21 there shall be substituted the following rule :

Notification of variation or revocation

21.  Where the High Court makes an order varying or revoking a maintenance order to which section S of the Act of 1972 applies, the Master shall send a certified copy of the order and a statement as to the service on the payer of the documents mentioned in subsection (2) of that section to the court in the Republic of Ireland by which the maintenance order is being enforced.

(8) Rule 22 shall not apply.

[E.r. 28]

VI. ATTACHMENT OF EARNINGS ORDERS UNDER THE JUDGMENTS (ENFORCEMENT) ACT (NORTHERN IRELAND) 1969
Interpretation

24.  In this part of this Order—

the Act of 1969” means the Judgments (Enforcement) Act (Northern Ireland) 1969(6);

the Order of 1978” means the Matrimonial Causes (Northern Ireland) Order 1978(7);

maintenance order” means any order specified in section 77D(1)(a) of the Act of 1969;

Application for attachment of earnings order by the person entitled to payments

25.—(1) Where the person to whom payments are required to be made under a maintenance order desires to apply to the High Court under section 73 of the Act of 1969 for an attachment of earnings order to secure those payments the application must be made by summons, issued out of the Office.

The defendant or respondent to the summons (in this order referred to as “the defendant”) shall be the person liable to make payments under the maintenance order and any application under Article 34 of the Order of 1978 for leave to enforce payment of any arrears which became due more than 12 months before the issue of the summons shall be made by the summons.

(2) The summons must be supported by an affidavit by the applicant stating—

(a)particulars of the maintenance order;

(b)the date of service of the maintenance order on the defendant or, if the order has not been served, the reason why service has not been effected;

(c)the amount of any arrears due to the applicant under the maintenance order, the date to which those arrears have been calculated and the date on which the next payment under the order falls due;

(d)particulars of any proceedings which have been taken for the enforcement of the maintenance order;

(e)the name and address of any person believed to be the defendant's employer;

(f)such of the following particulars relating to the defendant as are known to the applicant, that is to say—

(i)his full name and address,

(ii)his place of work,

(iii)the nature of his work and his works number, if any;

(g)such other facts relevant to the names of the defendant as are known to the applicant and in particular details of any other attachment of earnings order made by any other court must be given.

(3) Unless the Court otherwise directs, the summons, together with a copy of the affidavit in support, must be served on the defendant personally or by post at least 14 days before the return day and the defendant may, within 10 days after the service, file an affidavit in answer and in that case must serve a copy of his affidavit on the applicant within 3 days after filing it.

[E.r. 13]

Notice to employer

26.  Without prejudice to the powers conferred by section 77 of the Act of 1969, the Court may at any stage of the proceedings send to any person appearing to have the debtor in his employment a notice requesting him to give to the Court within such period as may be specified in the notice a statement of the debtor's earnings and anticipated earnings with such other particulars as may be so specified.

Exercise of power to obtain statement of earnings

27.  An order under section 77 of the Act of 1969 shall be endorsed with or incorporate a notice warning the person to whom it is directed of the consequences of disobedience to the order and shall be served on him personally.

Application for attachment of earnings order by person liable to make payments

28.  An application by the person liable to make payment under a maintenance order of the High Court for an attachment of earnings order to secure those payments may be made on the making of the maintenance order or an order of the High Court varying the maintenance order.

[E.r. 14]

Form and service of order

29.—(1) An attachment of earnings order must be made in Form No. 49 in Appendix A and the particulars of the defendant required to be given in the first paragraph of that form shall, so far as they are known to the Court, be the prescribed particulars for the purposes of section 73(4) of the Act of 1969.

(2) The Court shall cause a copy of an attachment of earnings order and of any order varying or discharging such an order to be served on the defendants and on the person to Whom the attachment of earnings order is directed.

(3) Notwithstanding any provision of these Rules relating to the service of documents, service under this rule of a copy of an order on a person other than a corporation shall be effected by sending the copy to him at his last known place of residence or, where he is the person to whom the attachment of earnings order is directed, at his place of business.

(4) Service under this rule of a copy of an order on a corporation shall be effected by sending the copy to it at—

(a)such address, if any, as the corporation may in a written request to the Court have specified for the purpose of this rule in relation to the defendant or to the class or description of persons to which he belongs, or

(b)the registered office of the corporation or, if the corporation has no registered office, any place where it resides or carries on business.

(5) A copy of Schedule 1A to the Act of 1969 shall be served with or annexed to the attachment of earnings order.

[E.r. 15]

Application to revive an attachment of earnings order

30.—(1) An application to revive an attachment of earnings order shall be treated as if it were an application for such an order under rule 25.

(2) A copy of the order for the revival of which the application is made shall be lodged with the application.

(3) Upon making an order under this role the original attachment of earnings order may be varied as the Court may think fit.

Notice of cessation of order

31.  Where an attachment of earnings order ceases to have effect by virtue of section 77D(4)(b) or (5) of the Act of 1969, the notice of the cessation required by section 77D(6) of that Act to be given to the person to whom the order was directed shall be given by the Master if the related maintenance order—

(a)was made by the High Court and is not registered in a court of summary jurisdiction under Part II of the Act of 1966, or

(b)was made by a court of summary jurisdiction and is registered in the High Court under the said Part II, or

(c)has ceased to be registered in the High Court under Part II of the Act of 1950.

[E.r. 16]

Discharge or variation by court of own motion

32.—(1) Subject to paragraph 5, the powers conferred by section 76(1) of the Act of 1969 may be exercised by the Court of its own motion 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 him has not the defendant in his employment, the Court may discharge the order.

(3) Where an attachment of earnings order which has lapsed under section 76(6) of the Act of 1969 is again directed to a person who appears to the Court to have the defendant in his employment, the Court may make such consequential variations in the order as it thinks fit.

(4) Where, after an attachment of earnings order has been made, it appears to the Court that the related maintenance order has ceased to have effect, whether by virtue of the terms of the maintenance order or under paragraph 2 of Schedule 3 to the Order of 1978 or otherwise, the Court may discharge or vary the attachment of earnings order.

(5) Before discharging or varying an order of its own motion under any of the foregoing paragraphs, the Court shall, unless it thinks it unnecessary in the circumstances to do so, give the defendant and the person entitled to payment under the related maintenance order an opportunity of being heard on the question whether the order should be varied or discharged, and for that purpose the Master may give them notice of a date, time and place at which the question will be considered.

[E.r. 18]

Application to determine whether payments are earnings

33.  An application to the High Court under section 77B(1) of the Act of 1969 must be made by summons returnable not less than 4 days after service thereof on the person (other than the applicant) who is also entitled to make the application.

[E.r. 19]

Notification of making an attachment of earnings order

34.—(1) The proper officer of the court shall notify the Enforcement of Judgments Office when an attachment of earnings order has been made.

(2) The notification under paragraph (1) shall specify the amount of earnings attached under the order.

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