Revised Laws of Saint Lucia (2021)

16.   Certain applications to be made by Collecting Officer on request only

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    (1)   The Collecting Officer who is entitled to receive maintenance payments under a maintenance order for transmission to another person shall not—

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      (a)     apply for an attachment of earnings order to secure payments under the maintenance order; or

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      (b)     except as provided by section 10(3) apply for an order discharging or varying such an attachment of earnings order; or

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      (c)     apply for a determination under section 15, unless he is requested in writing to do so by the person entitled to receive maintenance payments through him.

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    (2)   Where the Collecting Officer is so requested—

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      (a)     he shall comply with the request unless it appears to him unreasonable in the circumstances to do so; and

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      (b)     the person by whom the request was made shall have the same liabilities for all the costs properly incurred in or about any proceedings taken in pursuance of the request as if the proceedings had been taken by that person.

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    (3)   For the purposes of subsection (2)(b), any application made by the Collecting Officer as required by section 10(3) is deemed to be made at the request of the person in whose favour the attachment of earnings order in question was made.

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    (4)   An application for an attachment of earnings order may be heard although it was not made within the statutory period within which a civil action may be commenced under the Code of Civil Procedure.