PART IVDILIGENCE AGAINST EARNINGS

Applications for orders that earnings arrestments invalid etc.40

1

An application under section 50(1) of the Act for declarator that an earnings arrestment is invalid or has ceased to have effect shall be in form 32.

2

An application to which paragraph (1) of this rule applies shall state—

a

the name and address of the creditor, the debtor, the officer of court who served the earnings arrestment schedule and the person on whom the schedule was served;

b

the court which granted the original decree and the date of that decree, or details of the summary warrant or other document, upon which the earnings arrestment proceeded;

c

the date of service of the earnings arrestment schedule;

d

the form of order sought;

e

the reasons for the application; and

f

any competent crave for expenses.

3

A copy of the earnings arrestment schedule shall, where practicable, be attached to such an application.

4

On the lodging of such an application the sheriff clerk shall—

a

fix a date for a hearing;

b

obtain from the sheriff a warrant for intimation;

c

intimate the application and warrant to the applicant, the creditor and, as appropriate, the debtor or the person on whom the earnings arrestment schedule was served and

d

complete a certificate of intimation.