Revised Laws of Saint Lucia (2022)

5.   Application for attachment of earnings order

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   (1)   The following persons may apply for an attachment of earnings order—

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      (a)     any person making an application for a maintenance order;

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      (b)     any person who is entitled to receive payment under a maintenance order whether directly into a specified bank account or to the Collecting Officer;

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      (c)     the debtor.

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   (2)   Where there is no maintenance order is in force, an application for an attachment of earnings order shall be made in accordance with Form 1 or 5 of Schedule 5 as is appropriate and a summons in Form 3 or 7 shall be served on the debtor.

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   (3)   Where an application under subsection (2) is made by the debtor it shall be endorsed with the prescribed notice in Form 1 of Schedule 5 and a copy of the application so endorsed shall be served on the person entitled to receive payment under a maintenance order.

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   (4)   Where a maintenance order is not in force, an application for an attachment of earnings order may be made at the same time as an application for a maintenance order, and the Court shall hear the application for the attachment of earnings order after the maintenance order has been granted.

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   (5)   An application for an attachment of earnings order under subsection (4) shall be made by way of notice in Form 8 of Schedule 5 and a copy of the notice shall be served on the person against whom the maintenance order is being sought.

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   (6)   Where proceedings are brought for the enforcement of a maintenance order in a Court, the Court may make an attachment of earnings order to secure payments under the maintenance order.