Attachment of income order rules
S.20(6) Cap.13A
S.28(6) of MPPO Cap192
r.3 Application for attachment order
Just FILING ONLY. NO Hearing to be made
(1) by way of summons or originating summons
(2) the content of the affirmation
(3) service: a sealed copy of summons with a copy of affidavit in support to be served on the maintenance payer, such copy shall be served together with a form of statement of means in (FORM 1)
r.4 Signed statement to be filed by maintenance payer
(1) payer upon receipt of the doc, shall w/n 14days file and serve a statement of means.
(2) If payer fail to do so, the ct may, on an ex parte application made to it by payee, make an order in FORM 2 (lodge to court for Approval) directing the maintenance payer to make good the default within 7 days fr the date of order.
(3) an application under subrule (2) shall be supported by an aff.
r.5 Verification of signed statement
(1) upon receipt the statement of means, the ct shall make and serve an order in FORM 3 annexed to the s/m. to be verified by the income source.
(2) (a) the income source shall sign and file the s/v within 14 days of the order. (b) denial shall be made in FORM 5 within 7 days of the order.
(3) upon receipt of the s/v, the ct shall send a copy to payee and payer.
r.6 Issue of attachment order
(1) where more than 1 income source, the ct shall direct which income source is to be attached.
(2) An attachment order shall be in accordance with FORM 4
r.11 Offences and penalty
(1) A maintenance payer who is in breach of either rules, e.g. r 4, he commits an offence and is liable to a fine at level 2.
r.12 Service of documents
personal service, by post or by leaving at his last known address.