The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
Note: this Practice Note sets out where and how to apply for an attachment of earnings order (AE Order) under CPR 89 in force with effect from 6 April 2016. It applies to all applications for AE orders made on/after 6 April 2016. CPR 89 replaces the (now obsolete) CCR Ord 27.
The intention is that applications for AE Orders should be relatively straightforward matters that can sensibly (and cost-effectively) be dealt with by court officers in the County Court Money Claims Centre (CCMCC) and that judicial involvement is only required where either the court officer feels they have insufficient information to make an AE Order or, where the court officer has made an AE Order, the judgment creditor or judgment debtor apply for it to be reconsidered. At this point in time, there will be judicial involvement by way of consideration by a District Judge. If the District Judge determines that a hearing is required then the application for an AE Order will be transferred to the judgment debtor's home court (see Practice Note: Attachment of earnings orders—what are they and when to use them—Which is the judgment debtor's home court for the attachment of earnings regime?).
The initial process and the divergence between CCMCC court officer and District Judge involvement are detailed below.
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