Magistrates Enforcement
The court on such an order may commit the person to prison until the sum and costs are paid or make an order committing them to prison in default of sufficient distress. Where a return of distress for the monies is insufficient to satisfy the sums, the District Judges (Magistrates’ Court) may issue a warrant for commital. Where a warrant of commital has been issued in the first instance in default and it is found impossible to execute the warrant, a warrant for distress may be issued.
A warrant of commital in default or distress may only be issued if the default is due to a willful refusal or culpable neglect of the person who is liable to pay the sums or cost in question or charges of distress. In a case where the court has power to do so and it is of the opinion that it is appropriate, it may make an attachment of earnings order.
There are limits on the periods for which persons may be committed to prison for default of payment of a sum which shall in any event the exceed six weeks. Commital to prison does not operate to discharge liability for the debt. He may not be committed to prison twice for the same sum. Where an application to enforce payment or an order of periodical payment applies, and no order of commital has been made, an application may be renewed on the basis of circumstances have changed.
On most applications, it is possible to make an alternative order on some of the above applications. The following applies to enforcement of orders for payment other than the periodical payment other than on conviction. They apply where a payment is made for a sum of money. When a person default in paying that sum within the time specified or forthwith.
A District Judges (Magistrates’ Court) or other justice of the peace may on complaint made any time after the expiration of 14 days from such default, issue a summons for the appearance of the person before a court of summary jurisdiction in the same petty sessions district. He may issue a warrant bringing the person before the court.
A person may be detained in custody, pending appearance. Or maybe release from custody or entry of a recognisance to appear. The court may order the sum appearing to be due by reason of default, together with costs of warrant etc., and all reasonable charges shall be recovered by distress and may order that the person be detained in custody, pending distress or released on recognisance to appear again, following distress. On appearance, the court may instead of making the above orders, make an order committing a person to prison until sums and costs are paid; or make an order committing him to prison in default of sufficient distress.
Where a warrant of distress he has insufficient monies to satisfy the sums due and costs, the court may issue a warrant of committal. Where a court has issued a warrant of committal in the first instance in default of payment of sums and costs, when a summons has been issued as above, instead of making an order, for discovery by distress, they may make an order committing him to prison; in default of sufficient distress until such time as sums as are not paid by distress paid. Where it appears on return of a warrant of distress that there are insufficient to pay the sums due, a warrant of committal may be entered.
An order of committal shall not be made, or a warrant of committal shall not be issue, unless the court is satisfied that there has been a wilful refusal or culpable neglect of the person who is liable to pay the sums or costs in question or charges of distress. In a case where the court has power to do so, and it is of the opinion that it is appropriate, it may make an attachment of earnings order.
There are limits on the periods for which persons may be committed to prison for default of payment of a sum which shall not in any event exceed six weeks. Committal to prison does not operated to discharge liability for the debt. He may not be committed to prison twice for the same sum.
Where an application to enforce payment for an order periodical payment applies, and no order of committal has been made, an application may be renewed on the basis that circumstances have changed. On most applications, it’s possible to make an alternative order, on some of the above applications.
The following payments apply to enforcement of orders for payment other than periodical payment other than on conviction. They apply where a payment is made for a sum of money.
Where a person defaults in paying that sum within the time specified, or forthwith, a District Judges (Magistrates’ Court) or a justice of the peace, may on complaint made any time after the expiration of 14 days from such default, issue a summons for the appearance of the person before a court of summary jurisdiction in the same petty sessions district. He may issue a warrant bringing the person before the court.
A person may be detained in custody pending appearance or may be released from custody on entry of a recognisance to appear. The court may order the sum or period to be due by reason of default together with costs of warrant etc. and all reasonable charges shall be recovered by distress and may order that the person be detained in custody, pending distress or release on recognisance to appear again following distress. On appearance, the court may instead of making the above orders, make an order committing a person to prison until sums and costs are paid. Or make an order committing him to prison in default of sufficient distress.
Where a warrant of distress, he has insufficient monies to satisfy the sums due on costs, the court may issue a warrant of committal. Where a court has issued a warrant of committal and the persons who is in default of payment of sums and costs where a summons has been issued as above instead of making an order for discovery by distress, he may make an order committing the person until the sums have been paid.
He may make an order committing him to prison in default of sufficient distress, until such time as are not paid by distress are paid. Where it appears on return of warrant of distress that there are insufficient sums to pay the sums due, a warrant of committal may be entered.
A order of committal shall not be made, or a warrant of committal shall not issue unless the court is satisfied that there has been a wilful refusal or culpable neglect on the part of the person liable to pay the sums in question and the charges. The term for committal to imprisonment shall not exceed as set out in the legislation, in any event, not more than six weeks. Committal to prison shall not operate to discharge the person concerned from liability.
An attachment earnings order may be made by a court of summary jurisdiction for the enforcement of periodical payments. Maintenance and affiliation orders of the type mention above, (e.g. contribution orders, affiliation orders, as set out above, maintenance, international maintenance recovery of certain sums for social insurance and benefits through the payments contravention orders in respect of children) (amend the above reference to domestic proceedings refers to domestic proceedings for monetary sums).
Earnings includes earnings by way of wages, salary and pension pay and allowances and tax credits. Earnings does not include tax credits and most social welfare benefits.
The attachment of earnings order is to specify the normal deduction rate as a sum of money periodically which the court thinks it is reasonable for the debtor’s earnings to be applied to meet the relevant liability. It is to specify a protected earnings rate, below which the court think it is reasonable the earnings should not be reduced.
A attachment of earnings order must be complied with by an employer within seven days of service. If a debtor is not in his employment, he is to give notice to the court within 10 days.
Sums paid under an attachment of earnings order are to be deemed paid by the debtor. Attachable earnings include earnings after deduction of income tax and national insurance. There are special provisions in respect of attachment of earnings orders against public-sector employees.
Applications may be made to vary and discharge attachment orders. Variations are to be served on the employer who must comply with them.
Where the debtor ceases to be in employment of the employment concerned, the order shall lapse until revived by court order.
When an attachment order is about to be made or revived, the court may direct the debtor to furnish a details of their employer, particulars of their earnings, matters relevant to determining the normal rate and protected rate and specified particulars to enable the debtor to be identified by his employer. It may direct a person appearing to be an employer to furnish statement of specified particulars.
Debtors, in respect of whom an attachment earnings order is enforced, are obliged to notify changes of their employment and earnings. A person who becomes a debtor’s employer and knows there is an order in force, shall within seven days of becoming the employer, notify the prescribed officer in writing including statement of earnings and anticipated earnings.
There are a number of offences in respect of noncompliance with the attachment of earnings order provision. The same are subject to a fine on summary conviction on the level 3 standard scale. There are higher potential penalties for subsequent offences.
Where sums recoverable in proceedings commence by notice or under a legislation are recoverable in the same way as a complaint in proceedings otherwise than on conviction.