The County Court Rules 1981

PART IICONSOLIDATED ATTACHMENT OF EARNINGS ORDERS

Cases in which consolidated order may be made

18.  Subject to the provisions of rules 19 to 21, the court may make a consolidated attachment order where—

(a)two or more attachment of earnings orders are in force to secure the payment of judgment debts by the same debtor, or

(b)on an application for an attachment of earnings order to secure the payment of a judgment debt, or for a consolidated attachment order to secure the payment of two or more judgment debts, it appears to the court that an attachment of earnings order is already in force to secure the payment of a judgment debt by the same debtor.

Application for consolidated order

19.—(1) 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.

(2) An application by the debtor for a consolidated attachment of earnings order may be made—

(a)in the proceedings in which any attachment of earnings order is in force to secure the payment of a judgment debt by the debtor, or

(b)at the hearing of any application for such an order.

The application shall be made in accordance with Order 13, rule 1, on notice to 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, and rules 3, 4 and 5 of this Order shall not apply.

(3) An application by a creditor for a consolidated attachment order may—

(a)if the judgment which he seeks to enforce was given by the court to which the application is made, be made in accordance with Order 13, rule 1, in the proceedings in which the judgment was obtained, and rules 4 and 5 of this Order shall not apply;

(b)in any other case, be made by originating application, and rules 4(1) and 5 shall not apply.

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 shall be given notice of the application or, as the case may be, made a respondent to the originating application.

(4) 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, and on receipt of such a request the proper officer shall fix a date, time and place at which the request will be considered and give notice thereof to the debtor and the persons who obtained the attachment of earnings orders.

Making of consolidated order by court of its own motion

20.  Where an application is made for an attachment of earnings order to secure the payment of a judgment debt by a debtor in respect of whom an attachment of earnings order is already in force to secure the payment of another judgment debt and no application is made for a consolidated attachment order, the court may make such an order of it own motion after giving all persons concerned an opportunity of being heard.

Extension of consolidated order

21.—(1) Where a consolidated attachment order is in force to secure the payment of two or more judgment debts, any creditor to whom another judgment debt is owed by the same judgment debtor may apply to the court by which the order was made for it to be extended so as to secure the payment of that debt as well as the first-mentioned debts and, if the application is granted, the court may either vary the order accordingly or may discharge it and make a new consolidated attachment order to secure payment of all the aforesaid judgment debts.

(2) An application under this rule shall be treated for the purposes of rules 19 and 20 as an application for a consolidated attachment order.

Payments under consolidated order

22.  Instead of complying with section 13 of the Act of 1971, a proper officer who receives payments made to him in compliance with a consolidated attachment order shall, after deducting such court fees, if any, in respect of proceedings for or arising out of the order as are deductible from those payments, deal with the sums paid as he would if they had been paid by the debtor to satisfy the relevant adjudications in proportion to the amounts payable thereunder, and for that purpose dividends may from time to time be declared and distributed among the creditors entitled thereto.