Statutory Instruments 1998 No. 3132 (L. 17)
The Civil Procedure Rules 1998
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Part II - Consolidated Attachment of Earnings Orders


Cases in which consolidated order may be made
     Rule 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
     Rule 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 under paragraph (1) may be made in the proceedings in which any attachment of earnings order (other than a priority order) is in force and rules 3, 4 and 5 of this Order shall not apply.

    (3) Where the judgment which it is sought to enforce was not given by the court which made the attachment of earnings order, the judgment shall be automatically transferred to the court which made the attachment of earnings order.

    (3A) An application under paragraph (1)(b) shall certify the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid.

    (3B) Where an application for a consolidated attachment of earnings order is made, the court officer shall - 

    (a) notify any party who may be affected by the application of its terms; and

    (b) require him to notify the court in writing, within 14 days of service of notification upon him, giving his reasons for any objection he may have to the granting of the application.

    (3C) If notice of any objection is not given within the time stated, the court officer shall make a consolidated attachment of earnings order.

    (3D) If any party objects to the making of a consolidated attachment of earnings order, the court officer shall refer the application to the district judge who may grant the application after considering the objection made and the reasons given.

    (3E) In the foregoing paragraphs of this rule, a party affected by the application means - 

    (a) where the application is made by the debtor, 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;

    (b) where the application is made by the judgment creditor, 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.

    (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 paragraphs (3B) to (3E) shall apply, with the necessary modifications, as if the request were an application by the judgment creditor.

Making of consolidated order by court of its own motion
     Rule 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 officer may make such an order of his own motion after giving all persons concerned an opportunity of submitting written objections.

Extension of consolidated order
     Rule 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
     Rule 22 Instead of complying with section 13 of the Act of 1971, a court 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.



CCR ORDER 28

JUDGMENT SUMMONSES

Application for judgment summons
     Rule 1  - (1) An application for the issue of a judgment summons may be made to the court for the district in which the debtor resides or carries on business or, if the summons is to issue against two or more persons jointly liable under the judgment or order sought to be enforced, in the court for the district in which any of the debtors resides or carries on business.

    (2) The judgment creditor shall make his application by filing a request in that behalf certifying the amount of money remaining due under the judgment or order, the amount in respect of which the judgment summons is to issue and that the whole or part of any instalment due remains unpaid.

Mode of service
     Rule 2  - (1) Subject to paragraph (2), a judgment summons shall be served personally on every debtor against whom it is issued.

    (2) Where the judgment creditor or his solicitor gives a certificate for postal service in respect of a debtor residing or carrying on business within the district of the court, the judgment summons shall, unless the district judge otherwise directs, be served on that debtor by an officer of the court sending it to him by first-class post at the address stated in the request for the judgment summons and, unless the contrary is shown, the date of service shall be deemed to be the seventh day after the date on which the judgment summons was sent to the debtor.

    (3) Where a judgment summons has been served on a debtor in accordance with paragraph (2), no order of commitment shall be made against him unless - 

    (a) he appears at the hearing; or

    (b) the judge is satisfied that the summons came to his knowledge in sufficient time for him to appear at the hearing.

    (4) Where a judgment summons is served personally, there may, if the judgment creditor so desires, be paid to the debtor at the time of service a sum reasonably sufficient to cover his expenses in travelling to and from the court.

Time for service
     Rule 3  - (1) A judgment summons shall be served not less than 14 days before the day fixed for the hearing.

    (2) A notice of non-service shall be sent pursuant to CPR rule 6.11 in respect of a judgment summons which has been sent by post under rule 2 (2) and has been returned to the court office undelivered.

    (3) CPR rules 7.5 and 7.6 shall apply, with the necessary modifications, to a judgment summons as they apply to a claim form.

Enforcement of debtor's attendance
     Rule 4  - (1) Order 27, rules 7B and 8, shall apply, with the necessary modifications, to an order made under section 110 (1) of the Act for the attendance of the debtor at an adjourned hearing of a judgment summons as they apply to an order made under section 23 (1)of the Attachment of Earnings Act 1971[278] for the attendance of the debtor at an adjourned hearing of an application for an attachment of earnings order.

    (2) At the time of service of the order there shall be paid or tendered to the debtor a sum reasonably sufficient to cover his expenses in travelling to and from the court, unless such a sum was paid to him at the time of service of the judgment summons.

Evidence by witness statement or affidavit
     Rule 5 Where the judgment creditor does not reside or carry on business within the district of the court from which the judgment summons issued, evidence by witness statement or affidavit shall be admissible on his behalf without any notice having been given, unless the judge otherwise directs.

Suspension of committal order
     Rule 7  - (1) If on the hearing of a judgment summons a committal order is made, the judge may direct execution of the order to be suspended to enable the debtor to pay the amount due.

    (2) A note of any direction given under paragraph (1) shall be entered in the records of the court and notice of the suspended committal order shall be sent to the debtor.

    (3) Where a judgment summons is issued in respect of one or more but not all of the instalments payable under a judgment or order for payment by instalments and a committal order is made and suspended under paragraph (1), the judgment or order shall, unless the judge otherwise orders, be suspended for so long as the execution of the committal order is suspended.

    (4) Where execution of a committal order is suspended under paragraph (1) and the debtor subsequently desires to apply for a further suspension, the debtor shall attend at or write to the court office and apply for the suspension he desires, stating the reasons for his inability to comply with the terms of the original suspension, and the court shall fix a day for the hearing of the application by the judge and give at least 3 days' notice thereof to the judgment creditor and the debtor.

    (5) The district judge may suspend execution of the committal order pending the hearing of an application under paragraph (4).

New order on judgment summons
     Rule 8  - (1) Where on the hearing of a judgment summons, the judge makes a new order for payment of the amount of the judgment debt remaining unpaid, there shall be included in the amount payable under the order for the purpose of any enforcement proceedings, otherwise than by judgment summons, any amount in respect of which a committal order has already been made and the debtor imprisoned.

    (2) No judgment summons under the new order shall include any amount in respect of which the debtor was imprisoned before the new order was made, and any amount subsequently paid shall be appropriated in the first instance to the amount due under the new order.

Notification of order on judgment of High Court
     Rule 9  - (1) Notice of the result of the hearing of a judgment summons on a judgment or order of the High Court shall be sent by the county court to the High Court.

    (2) If a committal order or a new order for payment is made on the hearing, the office copy of the judgment or order filed under Order 25, rule 11, shall be deemed to be a judgment or order of the court in which the judgment summons is heard, and if the judgment creditor subsequently desires to issue a judgment summons in another county court, Order 25, rule 2, shall apply with the necessary modifications.

Costs on judgment summons
     Rule 10  - (1) No costs shall be allowed to the judgment creditor on the hearing of a judgment summons unless - 

    (a) a committal order is made; or

    (b) the sum in respect of which the judgment summons was issued is paid before the hearing.

    (2) Where costs are allowed to the judgment creditor,

    (a) there may be allowed - 

      (i) a charge of the judgment creditor's solicitor for attending the hearing and, if the judge so directs, for serving the judgment summons;

      (ii) a fee to counsel if the court certifies that the case is fit for counsel;

      (iii) any travelling expenses paid to the debtor, and

      (iv) the court fee on the issue of the judgment summons;

    (b) the costs may be fixed and allowed without detailed assessment under CPR Part 47.

    (3) For the purposes of paragraph (2)(a)(i) a solicitor who has prepared on behalf of the judgment creditor a witness statement or affidavit under rule 5 shall be treated as having attended the hearing.

Issue of warrant of committal
     Rule 11  - (1) A judgment creditor desiring a warrant to be issued pursuant to a committal order shall file a request in that behalf.

    (2) Where two or more debtors are to be committed in respect of the same judgment or order, a separate warrant of committal shall be issued for each of them.

    (3) Where a warrant of committal is sent to a foreign court for execution, that court shall indorse on it a notice as to the effect of section 122 (3) of the Act addressed to the governor of the prison of that court.

Notification to foreign court of part payment before debtor lodged in prison
     Rule 12 Where, after a warrant of committal has been sent to a foreign court for execution but before the debtor is lodged in prison, the home court is notified that an amount which is less than the sum on payment of which the debtor is to be discharged has been paid, the home court shall send notice of the payment to the foreign court.

Payment after debtor lodged in prison
     Rule 13  - (1) Where, after the debtor has been lodged in prison under a warrant of committal, payment is made of the sum on payment of which the debtor is to be discharged, then - 

    (a) if the payment is made to the court responsible for the execution of the warrant, he shall make and sign a certificate of payment and send it by post or otherwise to the gaoler;

    (b) if the payment is made to the court which issued the warrant of committal after the warrant has been sent to a foreign court for execution, the home court shall send notice of the payment to the foreign court, which shall make and sign a certificate of payment and send it by post or otherwise to the gaoler;

    (c) if the payment is made to the gaoler, he shall sign a certificate of payment and send the amount to the court which made the committal order.

    (2) Where, after the debtor has been lodged in prison under a warrant of committal, payment is made of an amount less than the sum on payment of which the debtor is to be discharged, then subject to paragraph (3), paragraph (1)(a) and (b) shall apply with the substitution of references to a notice of payment for the references to a certificate of payment and paragraph (1)(c)shall apply with the omission of the requirement to make and sign a certificate of payment.

    (3) Where, after the making of a payment to which paragraph (2) relates, the balance of the sum on payment of which the debtor is to be discharged is paid, paragraph (1) shall apply without the modifications mentioned in paragraph (2).

Discharge of debtor otherwise than on payment
     Rule 14  - (1) Where the judgment creditor lodges with the district judge a request that a debtor lodged in prison under a warrant of committal may be discharged from custody, the district judge shall make an order for the discharge of the debtor in respect of the warrant of committal and the court shall send the gaoler a certificate of discharge.

    (2) Where a debtor who has been lodged in prison under a warrant of committal desires to apply for his discharge under section 121 of the Act, the application shall be made to the judge in writing and without notice showing the reasons why the debtor alleges that he is unable to pay the sum in respect of which he has been committed and ought to be discharged and stating any offer which he desires to make as to the terms on which his discharge is to be ordered, and Order 27, rule 8 (3) and (4), shall apply, with the necessary modifications, as it applies to an application by a debtor for his discharge from custody under section 23 (7) of the Attachment of Earnings Act 1971[279].

    (3) If in a case to which paragraph (2) relates the debtor is ordered to be discharged from custody on terms which include liability to re-arrest if the terms are not complied with, the judge may, on the application of the judgment creditor if the terms are not complied with, order the debtor to be re-arrested and imprisoned for such part of the term of imprisonment as remained unserved at the time of discharge.

    (4) Where an order is made under paragraph (3), a duplicate warrant of committal shall be issued, indorsed with a certificate signed by the court officer as to the order of the judge.



CCR ORDER 29

COMMITTAL FOR BREACH OF ORDER OR UNDERTAKING

Enforcement of judgment to do or abstain from doing any act
     Rule 1  - (1) Where a person required by a judgment or order to do an act refuses or neglects to do it within the time fixed by the judgment or order or any subsequent order, or where a person disobeys a judgment or order requiring him to abstain from doing an act, then, subject to the Debtors Acts 1869 and 1878[280] and to the provisions of these rules, the judgment or order may be enforced, by order of the judge, by a committal order against that person or, if that person is a body corporate, against any director or other officer of the body.

    (2) Subject to paragraphs (6) and (7), a judgment or order shall not be enforced under paragraph (1) unless - 

    (a) a copy of the judgment or order has been served personally on the person required to do or abstain from doing the act in question and also, where that person is a body corporate, on the director or other officer of the body against whom a committal order is sought, and

    (b) in the case of a judgment or order requiring a person to do an act, the copy has been so served before the expiration of the time within which he was required to do the act and was accompanied by a copy of any order, made between the date of the judgment or order and the date of service, fixing that time.

    (3) Where a judgment or order enforceable by committal order under paragraph (1) has been given or made, the court officer shall, if the judgment or order is in the nature of an injunction, at the time when the judgment or order is drawn up, and in any other case on the request of the judgment creditor, issue a copy of the judgment or order, indorsed with or incorporating a notice as to the consequences of disobedience, for service in accordance with paragraph (2).

    (4) If the person served with the judgment or order fails to obey it, the judgment creditor may issue a claim form or, as the case may be, an application notice seeking the committal for contempt of court of that person and subject to paragraph (7), the claim form or application notice shall be served on him personally.

    (4A) The claim form or application notice (as the case may be) shall: - 

    (a) identify the provisions of the injunction or undertaking which it is alleged have been disobeyed or broken;

    (b) list the ways in which it is alleged that the injunction has been disobeyed or the undertaking has been broken.

    (c) be supported by an affidavit stating the grounds on which the application is made, and unless service is dispensed with under paragraph (7), a copy of the affidavit shall be served with the claim form or application notice.

    (5) If a committal order is made, the order shall be for the issue of a warrant of committal and, unless the judge otherwise orders - 

    (a) a copy of the order shall be served on the person to be committed either before or at the time of the execution of the warrant; or

    (b) where the warrant has been signed by the judge, the order for issue of the warrant may be served on the person to be committed at any time within 36 hours after the execution of the warrant.

    (6) A judgment or order requiring a person to abstain from doing an act may be enforced under paragraph (1) notwithstanding that service of a copy of the judgment or order has not been effected in accordance with paragraph (2) if the judge is satisfied that, pending such service, the person against whom it is sought to enforce the judgment or order has had notice thereof either - 

    (a) by being present when the judgment or order was given or made, or

    (b) by being notified of the terms of the judgment or order whether by telephone, telegram or otherwise.

    (7) Without prejudice to its powers under Part 6 of the CPR, the court may dispense with service of a copy of a judgment or order under paragraph (2) or a claim form or application notice under paragraph (4) if the court thinks it just to do so.

    (8) Where service of the claim form or application notice has been dispensed with under paragraph (7) and a committal order is made in the absence of the respondent, the judge may on his own initiative fix a date and time when the person to be committed is to be brought before him or before the court.

Undertaking given by party
     Rule 1A Rule 1 (except paragraph (6) shall apply to undertakings as it applies to orders with the necessary modifications and as if - 

    (a) for paragraph (2) of that rule there were substituted the following - 

        " (2) A copy of the document recording the undertaking shall be delivered by the court officer to the party giving the undertaking - 

      (a) by handing a copy of the document to him before he leaves the court building; or

      (b) where his place of residence is known, by posting a copy to him at his place of residence; or

      (c) through his solicitor,

    and, where delivery cannot be effected in this way, the court officer shall deliver a copy of the document to the party for whose benefit the undertaking is given and that party shall cause it to be served personally as soon as is practicable."

    (b) in paragraph (7), the words from "a copy of" to "paragraph (2) or" were omitted.

Solicitor's undertaking
     Rule 2  - (1) An undertaking given by a solicitor in relation to any proceeding in a county court may be enforced, by order of the judge of that court, by committal order against the solicitor.

    (2) Where it appears to the judge that a solicitor has failed to carry out any such undertaking, he may of his own initiative direct the court officer to issue a notice calling on the solicitor to show cause why he should not be committed to prison.

    (3) Where any party to the proceedings desires to have the undertaking enforced by committal order, the court officer shall, on the application of the party supported by an affidavit setting out the facts on which the application is based, issue such a notice as is referred to in paragraph (2).

Discharge of person in custody
     Rule 3  - (1) Where a person in custody under a warrant or order, other than a warrant of committal to which Order 27, rule 8, or Order 28, rule 4 or 14, relates, desires to apply to the court for his discharge, he shall make his application in writing attested by the governor of the prison (or any other officer of the prison not below the rank of principal officer) showing that he has purged or is desirous of purging his contempt and shall, not less than one day before the application is made, serve notice of it on the party, if any, at whose instance the warrant or order was issued.

    (2) If the committal order - 

    (a) does not direct that any application for discharge shall be made to a judge; or

    (b) was made by the district judge under section 118 of the Act[281],

any application for discharge may be made to the district judge.

    (3) Nothing in paragraph (1) shall apply to an application made by the Official Solicitor in his official capacity for the discharge of a person in custody.



CCR ORDER 30

GARNISHEE PROCEEDINGS

Attachment of debt due to judgment debtor
     Rule 1  - (1) Where a person (in this Order called "the judgment creditor") has obtained in a county court a judgment or order for the payment of a sum of money amounting in value to at least 50 by some other person ("the judgment debtor") and any person within England and Wales ("the garnishee") is indebted to the judgment debtor, that court may, subject to the provisions of this Order and of any enactment, order the garnishee to pay the judgment creditor the amount of any debt due or accruing due from the garnishee to the judgment debtor or so much thereof as is sufficient to satisfy the judgment or order against the judgment debtor and the costs of the garnishee proceedings.

    (2) An order under this rule shall in the first instance be an order to show cause, specifying the place and time for the further consideration of the matter (in this Order called "the return day") and in the meantime attaching the debt due or accruing due from the garnishee or so much of it as is sufficient for the purpose aforesaid.

    (3) Among the conditions mentioned in section 108 (3) of the Act (which enables any sum standing to the credit of a person in certain types of account to be attached notwithstanding that certain conditions applicable to the account in question have not been satisfied) there shall be included any condition that a receipt for money deposited in the account must be produced before any money is withdrawn.

    (5) An order under this rule shall not require a payment which would reduce below 1 the amount standing in the name of the judgment debtor in an account with a building society or a credit union.

Application for order
     Rule 2 An application for an order under rule 1 may be made without notice being served on any other party by filing a witness statement or affidavit - 

    (a) stating the name and last known address of the judgment debtor;

    (b) identifying the judgment or order to be enforced and stating the amount of such judgment or order;

    (c) stating that, to the best of the information or belief of the witness, the garnishee (giving his name and address) is indebted to the judgment debtor;

    (d) where the garnishee is a deposit-taking institution having more than one place of business, giving the name and address of the branch at which the judgment debtor's account is believed to be held and the number of that account or, if it be the case, that all or part of this information is unknown to the witness; and

    (e) certifying the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid.

Preparation, service and effect of order to show cause
     Rule 3  - (1) An order under rule 1 to show cause shall be drawn up by the court with sufficient copies for service under this rule.

    (2) Unless otherwise directed, a copy of the order shall be served - 

    (a) on the garnishee in the manner required for the notice of the day of hearing in accordance with Order 3, rule 6 at least 15 days before the return day;

    (b) on the judgment debtor in accordance with CPR Part 6 at least 7 days after a copy has been served on the garnishee and at least 7 days before the return day,

and as from such service on the garnishee the order shall bind in his hands any debt due or accruing due from the garnishee to the judgment debtor, or so much thereof as is sufficient to satisfy the judgment or order obtained by the judgment creditor against the judgment debtor, and the costs entered on the order to show cause.

Notice by deposit-taking institution denying indebtedness
     Rule 5 Where the garnishee being a deposit-taking institution alleges that it does not hold any money to the credit of the judgment debtor, the garnishee may, at any time before the return day, give notice to that effect to the court and to the judgment creditor and thereupon, subject to rule 8 the proceedings against the garnishee shall be stayed.

Order where no notice given etc.
     Rule 7  - (1) Where the garnishee - 

    (a) does not give notice under rule 5; and

    (b) does not on the return day appear or dispute the debt due or claimed to be due from him to the judgment debtor,

then, if the judgment debtor does not appear or show cause to the contrary, the court may, if it thinks fit, make an order absolute under rule 1 against the garnishee.

    (2) An order absolute under rule 1 may be enforced in the same manner as any other order for the payment of money.

Directions where dispute as to notice under rule 5
     Rule 8 Where the garnishee in a notice given under rule 5 makes an allegation which the judgment creditor disputes, the court shall on the return day give directions for the determination of the question at issue.




Notes


[278] 1971 c.32; section 23(1) was amended by the Administration of Justice Act 1982 (c.53), section 53(2).back

[279] 1971 c.32.back

[280] 1869 c.62; 1878 c.54.back

[281] Section 118 was amended by the Statute Law (Repeals) Act 1986 (c.12); and by the Courts and Legal Services Act 1990 (c.41), section 74(6).back



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