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The CPR updates coming into force today (6 April 2016) include the introduction of a new CPR 89 to govern the procedure for applying for attachment of earnings orders and consolidated attachment orders.
CCR Ord 27 which used to govern the procedure for applying for an attachment of earnings order (AE Order) and a consolidated attachment order is now redundant, having been replaced in its entirety by CPR 89.
You still make your application for an AE Order by filing a request in form N336. The court will still serve notice of the application and a reply form on the judgment debtor for the judgment debtor to complete, setting out their statement of means,
as per the old CCR Order 27 regime.
All applications for an AE Order must be commenced in the County Court Money Claims Centre (CCMCC). If you wish to seek to enforce a High Court judgment by way of obtaining an AE Order then you must first apply to transfer your High Court judgment
to the County Court for enforcement.
Since all applications for AE Orders must now be commenced in the CCMCC, it is intended that under the new regime, most AE Orders will be made by a court officer without judicial intervention. However, if the court officer considers that they have
insufficient information to make an AE Order then they will pass the application to a District Judge for consideration.
Where the court officer has passed the application to the District Judge for determination, the District Judge can decide the matter on paper alone or can convene a hearing to do so.
Where either a court officer or a District Judge makes an AE Order on paper then both the judgment creditor and the judgment debtor are able to apply to have the matter reconsidered at a hearing.
Where a hearing is to take place in relation to an application for an AE Order, the matter will be transferred to the judgment debtor’s home court.
In addition to the continued use of the same form numbers in making your application, those matters which remain the same are:
The basic mechanism of how an AE works - with the judgment debtor’s employer being directed to pay a portion of the judgment debtor’s salary to a collecting officer for payment on to the judgment creditor
Lexis®PSL Dispute Resolution subscribers can enjoy our Practice Note on Attachment of earnings orders.
Click here for a free trial to access if you are not a PSL subscriber.
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