Page 1136 - IOM Law Society Rules Book

RULES OF THE HIGH COURT OF JUSTICE

12.48 Application for attachment of earnings order (RHC 51B.2)
(1) Where application is made for an attachment of earnings order, the
application notice must include —
(a) particulars of the instalment order or maintenance order sought to be
enforced;
(b) the date of service of the instalment order or maintenance order on the
judgment debtor, or the reason why it has not been served;
(c) the amount of any arrears due to the judgment creditor under the order;
(d) particulars of any steps which have been taken for the enforcement of the
order;
(e) the name and address of the person believed to be the judgment debtor’s
employer;
(f) the following particulars of the judgment debtor (or, in the case of an
application by the judgment creditor, such of them as are known to him) —
(i) the judgment debtor’s full name and address;

(ii) his age;
(iii) his national insurance number;
(iv) his place of work;
(v) the nature of his work and his works number, if any;
(g) any other facts relevant to the means of the judgment debtor (or, in the case
of an application by the judgment creditor, such facts relevant to those means
as are known to him).
(2) The application notice, with a copy of any document accompanying it, must
be served on the respondent to the application at least 7 days before the court is to deal with
the application.
(3) The respondent may, within 4 days after service of notice of the application
on him, file a reply to the application, and must serve a copy on the judgment creditor or
judgment debtor, as the case may be, within 24 hours after filing it.
(4) The court shall, when fixing the date when it is to deal with the application,
give such directions under section 32(1)(a) and (b) of the 1981 Act as appear to it to be
necessary for determining the application.
(5) The powers of the court under section 32(1) of the 1981 Act may be
exercised by a court officer.

12.49 Content of order (RHC 51B.3)
(1) An attachment of earnings order shall include —
(a) the name and address of the judgment debtor’s employer to whom the order
is directed;
(b) such of the following particulars of the judgment debtor as are known to the
court —
(i) the judgment debtor’s full name and address;
(ii) his age;
(iii) his national insurance number;
(iv) his place of work;
(v) the nature of his work and his works number, if any;

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