Attachment Of Earnings : S.I. No. 42 Of 1998
1. In this Order —
“the Act” means the Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976);
“the Act of 1995” means the Family Law Act, 1995 (No. 26 of 1995);
“competent authority” has the meaning assigned to it in Order 98 of these Rules;
2. (1) Proceedings to which this Order relates may be brought, heard or determined at any sitting of the Court for the court area where either party to the proceedings ordinarily resides, or carries on any profession, business or occupation.
Hearing to be otherwise than in public
(2) such proceedings shall be heard otherwise than in public and only officers of the Court, the parties and their legal representatives, witnesses (subject to the provisions of Order 8, rule 2 of these Rules) and such other persons as the Judge in his or her discretion shall allow, shall be permitted to be present at the hearing.
3. An application for an attachment of earnings order under section 10 of the Act shall be preceded by the issue and service upon the maintenance debtor of a summons in the Form 56.1 or 56.2 Schedule C as the case may be. Where the Court grants the application or, where the Court, having made an antecedent order, makes, in accordance with subsection (1A) (a) of the Act, as inserted by the Act of 1995, an attachment of earnings order in the same proceedings in order to secure payments under the antecedent order, the order of the Court shall be in accordance with Form 56.3 or 56.4 Schedule C, as the case may be.
Service of order
4. The Clerk specified in an attachment of earnings order or the maintenance creditor, as the case may be, shall cause the order to be served upon the employer to whom it is directed and upon any subsequent employer of the maintenance debtor concerned of whom the Clerk so specified or the maintenance creditor becomes aware.
Mode of service
5. Such service may be effected by leaving a copy of the order at, or sending a copy of the order by registered prepaid post to the residence or place of business in the State of the person to be served. A copy of the order shall also be sent by registered prepaid post to the maintenance debtor.
Receipt for payment
6. The Clerk shall issue a receipt for each payment made by any such employer and shall transmit such payment to the maintenance creditor or, if authorised in writing by the maintenance creditor so to do, may transmit the payment to the competent authority.
Payment by Clerk
7. The Clerk may send by post any payment received by him or her under an attachment of earnings order to the person entitled thereto.
Order requiring statement of particulars
8. An order under section 13 (1) (b) of the Act requiring a statement of particulars of a maintenance debtor’s earnings shall be in accordance with Form 56.5 Schedule C. The Clerk shall cause the order to be served upon the person to whom it is directed by sending a copy thereof by prepaid post to the residence or place of business in the State of such person.
Applications for determination as to earnings.
9. An application under section 15 of the Act for a determination as to whether payments of a particular class or description are earnings for the purposes of an attachment of earnings order shall be preceded by the issue and service of a summons ( Form 56.6 Schedule C) upon each of the other parties to the proceedings.
Parties to such proceedings Order of Court
10. The parties to proceedings in respect of an application under rule 9 shall bethe employer, the maintenance debtor and the person to whom payments under the order are being made. The order of the Court hearing such application shall be in accordance with Form 56.7 Schedule C. A copy of such order shall be sent by the Clerk by prepaid post to each of the parties to the proceedings.
Applicaton to vary or discharge attachment of earnings order
11. An application under section 17 of the Act for the variation or discharge of an attachment of earnings order shall be preceded by the issue and service of asummons (Form 56.8 Schedule C) upon the maintenance creditor and/or the maintenance debtor, as the case may be. The order of the Court on hearing the application shall be in accordance with Form 56.9 Schedule C. The Clerk or the maintenance creditor, as the case may be, shall cause the order to be served upon the employer in the manner prescribed in rule 5 of this Order.
Clerk to notify employer of cessor of order
12. Where an attachment of earnings order ceases to have effect the Clerk shall notify (Form 56.10 Schedule C) the employer accordingly.
Cesser of warrant and lapse of enforcement proceedings
13. Where an attachment of earnings order has been made, any proceedings commenced under section 8 of the Enforcement of Court Orders Act, 1940, shall lapse and any warrant or order issued or made under that section in any such proceedings shall cease to have effect.
Clerk to produce documents
14. On the hearing of an application for an attachment of earnings order the Clerk to whom payments under the maintenance order, variation order, interim order, or enforceable maintenance order are payable shall tender as evidence —
(a) the maintenance order, variation order, interim order (as the case may be) and in the case of an enforceable maintenance order a copy of the maintenance order,
(b) the request in writing received by the Clerk from the maintenance creditor,
(c) in the case of an enforceable maintenance order, a copy of the order made by the Master of the High Court, and
(d) any other relevant document.
The Clerk shall also prove the amount of arrears due.