Detail

Back to Revised Laws of Saint Lucia (2021)

Back to Table of Contents

Schedule 5

FORM 1

SAINT LUCIA (Section 5)

..................................District

IN THE DISTRICT COURT/FAMILY COURT

ATTACHMENT OF EARNINGS (MAINTENANCE) ACT

APPLICATION FOR ORDER TO ATTACH EARNINGS

The application of .............................. of .............................. made the .......... day of .............................. 20........... states that by a maintenance order made at the .............................. District Court/Family Court held at .............................. on the .......... day of .............................. 20........... (name of debtor) was ordered to pay to .............................. or to .............................. having care of a minor child/minor children the sum of .............................. per week/month.

AND the applicant further says that there is payable to the said .............................. certain earnings capable of being attached namely ..............................

AND the applicant therefore prays that an order be made that the sum of .............. or such part thereof as the Court may order, may each week be attached out of the said earnings and paid—

*(1) directly to the applicant

*(2) to the bank account specified in this application

*(3) to the Collecting Officer for the said District/Family Court

*(4) directly to the person entitled to receive payment under the maintenance order.

Signed ................................

Applicant.

Taken before me this .................... day of ........................................ 20........... at .............................. in the ........................................

Signed ................................

Magistrate.

ENDORSEMENT ON APPLICATION OF DEBTOR

To .............................................................

Name of person entitled to payments
under maintenance order

TAKE NOTICE that this application has been filed by .............................. (the debtor) and will be heard by the .............................. Magistrate at .............................. on .......... day of .............................. 20........... at .......... a.m./p.m...

Dated this .................................. day of .................................. 20...........

Signed ................................

Magistrate

* Set out particulars of earnings

Insert amount of weekly/monthly sum payable
under the attachment of earnings order.

* Delete whichever is inapplicable.

(Substituted by S.I. 64/1997)

FORM 2
(Section 6)
SAINT LUCIA
IN THE DISTRICT COURT/FAMILY COURT
ATTACHMENT OF EARNINGS (MAINTENANCE) ACT
FORM OF RECEIPT TO BE GIVEN BY COLLECTING OFFICER
.................................. District
No ...................................................
.............................. vs ..............................
Received from .............................. this .......... day of .............................. 20 .......... the sum of .............................. being amount due under an attachment of earnings order in respect of .......... weeks/months payments ending .......... day of .............................. 20............
Signed ..................................
Collecting Officer
$
............................................ District

FORM 3
(Section 5)
SAINT LUCIA
IN THE DISTRICT COURT/FAMILY COURT
ATTACHMENT OF EARNINGS (MAINTENANCE) ACT
SUMMONS FOR ATTACHMENT OF EARNINGS
............................................... District
To .................................................
Name and Address of Debtor
Whereas application has been made on the .......... day of .............................. 20.......... that by a maintenance order made at the district court/Family Court for the .............................. District held at .............................. on the .......... day of .............................. 20.......... it was adjudged that .............................. was ordered to pay the sum of $ .......... per week/month to .............................. or to .............................. having the care of the minor child/minor children ......................... And the applicant further states that there are certain earnings capable of being attached, namely ..............................
These are therefore to require you to be and appear on the .......... day of .............................. 20.......... at .................... a.m./p.m. in the District Court/Family Court at .............................. to show cause why an order should not be made that the sum of .................... or such part thereof as the Court may order may each week/month be attached out of the said earnings and paid in the manner specified in the said application.
You are requested to give the Court, within 14 days, a sworn statement of the following matters:
(i)	the name and address of any person by whom earnings are paid to you;
(ii)	particulars about your earnings and anticipated earnings as well as your resources and needs;
(iii)	particulars of the amount of income tax and compulsory social security contributions which are to be deducted from your earnings or anticipated earnings as the case may be;
(iv)	particulars for the purpose of enabling you to be identified by any employer of yours.
Given under my hand this ....... day of ......... 20.... at................ in the ....... District
Signed ..................................
Magistrate
(Substituted by S.I. 64/1997)

FORM 4

(Sections 4 and 6)

SAINT LUCIA

IN THE DISTRICT COURT/FAMILY COURT

ATTACHMENT OF EARNINGS (MAINTENANCE) ACT

ORDER TO ATTACH EARNINGS

To .................................................

Name and Address of Debtor

.................................. District

Whereas an application has been made by .............................. that by a maintenance order made at the ....................... District Court/Family Court held at ....................... on the .......... day of .......................... 20........... it was adjudged that ........................ of .............................. who is employed at .............................. as .............................. NIS No.......... was ordered to pay the sum of $.......... per week/month to .................... and there is now due thereunder the sum of .................... being the amount of arrears for .................... weeks/months payments and that there is payable to the said .................... certain earnings capable of being attached, namely ..............................

After giving the said .............................. an opportunity of being heard it is adjudged that the facts set out in the said application are true.

IT IS HEREBY ORDERED that the said .............................. (debtor) makes payments out of those earnings in accordance with this Act to be paid to .............................. in the manner specified by the Court.

IT IS FURTHER ORDERED that for the purpose of calculating the said payments the normal deduction rate shall be .................... per week/month and that the protected earnings rate shall be .................... per week/month.

Dated this ...................................... day of ...................................... 20...........

Signed ..................................

Magistrate

.................................. District

(Substituted by S.I. 64/1997)

FORMS 5

(Section 5)

SAINT LUCIA

IN THE HIGH COURT OF JUSTICE

ATTACHMENT OF EARNINGS (MAINTENANCE) ACT

APPLICATION FOR ORDER TO ATTACH EARNINGS

The application of .............................. of .............................. made the .......... day of .............................. 20........... to the High Court states that by a maintenance order made in the High Court of Justice dated the .......... day of .............................. 20..........., .............................. was ordered to pay to .............................. or to .............................. having the care of a minor child/minor children the sum of .......... per week/month.

AND the applicant further says that there is payable to the said .............................. certain earnings capable of being attached namely ..............................

AND the applicant therefore prays that an order be made that the sum of .................... or such part of it as the Court may order, may each week be attached out of the said earning and paid—

* (1) directly to the applicant

* (2) to the bank account specified herein

* (3) to the Collecting Officer for the said District

* (4) directly to the person entitled to receive payment under the maintenance order.

Signed ........................................

Applicant

Taken before me this .......... day of .............................. 20 ............ at .............................. in the ..............................

Signed .......................................

Registrar of the High Court

ENDORSEMENT ON APPLICATION OF DEBTOR

To ................................................

Name and Address of person entitled to receive
payment under maintenance order

TAKE NOTICE that this application has been filed by .............................. and will be held by the judge in chambers at ........................................ on the .......... day of .............................. 20...............

Dated this ..................................... day of ..................................... 20................

Signed .......................................

Registrar of the High Court

* Set out particulars of earnings

Insert amount of weekly/monthly sum payable under the attachment of earnings order.

* Delete whichever is inapplicable.

FORM 6
(Section 6)
SAINT LUCIA
IN THE HIGH COURT OF JUSTICE
ATTACHMENT OF EARNINGS (MAINTENANCE) ACT
FORM OF RECEIPT TO BE GIVEN BY REGISTRAR
No........................... of 20...........................
.............................. vs ..............................
Received from ........................................ this .......... day of .............................. 20............. the sum of .................. being amount due under an attachment of earnings order in respect of .................... weeks/months payments ending .......... day of .............................. 20.............
Signed .......................................
Registrar of High Court
$
............................................*Insert title of proceedings.

FORM 7
(Section 5)
SAINT LUCIA
IN THE HIGH COURT OF JUSTICE
ATTACHMENT OF EARNINGS (MAINTENANCE) ACT
SUMMONS FOR ATTACHMENT OF EARNINGS
To ..........................................................................
Name and Address of Debtor
Whereas application has been made to the High Court .............................. 20........... that by a maintenance order made at the High Court held at .............................. on the .......... day of .............................. 20............. it was adjudged that .............................. was ordered to pay the sum of $.......... per week/month to .............................. or to .............................. having the care of the minor child/or children .............................. And the applicant further states that there are certain earnings capable of being attached, namely ........................................
These are therefore to require you to be and appear on the .......... day of .............................. 20............. at .............................. a.m./p.m. in the High Court at .............................. to show cause why an order should not be made that the sum of .............................. or such part thereof as the Court may order may each week or month be attached out of the said earnings and paid in the manner specified in the said application.
You are requested to give the Court, within 14 days, a sworn statement of the following matters:
(i)	the name and address of any person by whom earnings are paid to you;
(ii)	particulars about your earnings and anticipated earnings including your resources as well as your needs;
(iii)	particulars of the amount of income tax and compulsory social security contributions which are to be deducted from your earnings or anticipated earnings as the case may be;
(iv)	particulars for the purpose of enabling you to be identified by any employer of yours.
Given under my hand this .................... day of .................... 20 ........... at ...................
Signed .....................................
Registrar of the High Court

FORM 8
(Section 5)
SAINT LUCIA
ATTACHMENT OF EARNINGS (MAINTENANCE) ACT
*In the District Court
In the Family Court
In the High Court of Justice
NOTICE OF APPLICATION
To ...........................................................
Name and address of person against whom order is being sought
TAKE NOTICE that .............................. having made an application for maintenance, applies to the Court for an attachment of earnings order under section 5 of the Attachment of Earnings (Maintenance) Act.
The application will be heard immediately after the order for maintenance has been granted and in default of your appearance an order may be made as the Court thinks fit.
TAKE NOTICE ALSO that you must send to the Registrar of the High Court/justice of the peace so as to reach him or her within 14 days after you receive this notice a sworn statement of the following matters:
(i)	the name and address of any person by whom earnings are paid to you;
(ii)	particulars about your earnings and anticipated earnings as well as your resources and needs;
(iii)	particulars of the amount of income tax and compulsory social security contributions which are to be deducted from your earnings or anticipated earnings as the case may be; and
(iv)	particulars for the purpose of enabling you to be identified by any employer of yours.
Dated ..................................
Signed .........................................
*Registrar of the High Court/ Justice of the Peace
* Delete whichever is inapplicable

FORM 9
(Section 9)
SAINT LUCIA
ATTACHMENT OF EARNINGS (MAINTENANCE) ACT
APPLICATION TO VARY ATTACHMENT OF EARNINGS ORDER
*In the District Court
In the Family Court
In the High Court of Justice
No. .................... of .................... (insert number and name of proceedings)
Whereas by an attachment of earnings order dated the ................................ day of .................................. 20........... was required out of earnings failing to be paid by him to .............................. to make payments to me in or towards satisfaction of the payments due to .............................. under a maintenance order made by the High Court of Justice or as the case may be on the .......... day of .............................. 20...........
And whereas it appears that—
(a)	the aggregate of the payments made for the purposes or the maintenance order exceeds the aggregate of the payments required by that order, and
(b)	the normal deduction rate specified by the attachment of earnings exceeds the rate of payments required by the maintenance order, and
(c)	no proceedings for the variation or discharge of the attachment of earnings order are pending.
Take notice that unless the said .............................. applies to the High Court of Justice/District Court/Family Court within 14 days after the date of an order discharging the attachment of earnings order or varying it in some manner, the Court shall make an order varying the attachment of earnings order by reducing the normal deduction rate to the rate of payments required by the maintenance order or to such lower rate as the Court thinks fit having regard to the amount of the excess mentioned in paragraph (a) of this notice.
Dated the .................................. day of .................................. 20...........
*Signed (to be signed by the Registrar of the High Court or the Collecting Officer of the District Court/Family Court as the case may be)
* Delete whichever is inapplicable