MAGISTRATES' COURT CIVIL PROCEDURE RULES 2009 (SR NO 49 OF 2009) - REG 27.20 Employer to make payments

MAGISTRATES' COURT CIVIL PROCEDURE RULES 2009 (SR NO 49 OF 2009) - REG 27.20

    (1)     An employer to whom an attachment of earnings order is directed must, in respect of each payday whilst the order is in force, if the net earnings of the judgment debtor exceed the sum of—

        (a)     the protected earnings of the judgment debtor; and

        (b)     so much of any amount by which the net earnings that became payable on any previous payday were less than the protected earnings in relation to that payday as has not been made good on any other previous payday—

pay, so far as that excess permits, to the person specified in the order the normal deduction in relation to that payday and so much of the normal deduction in relation to any previous payday as was not paid on that payday and has not been paid on any other previous payday.

    (1.1)     If an employer fails to comply with a binding order under paragraph (1) the judgment creditor may apply to the Court to have the order enforced against the employer.

    (1.2)     If at the time of an application under paragraph (1.1) the judgment debtor is not employed by the employer against whom an order is sought to be made, any order against the employer must not exceed the normal deductions that ought to have been deducted by the employer under a binding order under paragraph (1) whilst the judgment debtor was employed by that employer.

    (2)     A payment made by an employer under paragraph (1) is a valid discharge to the employer as against the judgment debtor to the extent of the amount paid.