QU OF NT AT A FE RU

BERMUDA

MAGISTRATES’ COURT RULES 1973

SR&O 6 / 1973

[made under section 21 of the Magistrates Act 1948 and brought into operation on 1 April 1973]

WHEREAS on the [blank] day of [blank] 19 [blank] judgment was awarded against [blank] at the suit of [blank] in the amount of $ [blank] and $ [blank] costs.

AND WHEREAS this judgment remains unsatisfied to the extent of $ [blank]

YOU ARE THEREFORE CHARGED forthwith to levy this amount and any cost incurred, by distress and public auction of such goods and chattels of the said [blank] as shall be found or so much thereof as may be sufficient to satisfy this execution and from the resultant proceeds to pay and retain the amount of the aforesaid judgment and costs and the expenses of such sale, and to return the overplus (if any) to the defendant.

The goods and chattels are not to be sold within 6 days of the distress unless—

(a) they are of a perishable nature; or

(b) at the request of the judgment debtor.

Dated this [blank] day of [blank] 19 [blank]

JUDGMENT $ [blank]

EXECUTION $ [blank]

[blank]

Magistrate

FORM 5

Case No. [blank] of 19 [blank]. BERMUDA

MAGISTRATES’ COURT RULES 1973

IN THE MAGISTRATES’ COURT CIVIL JURISDICTION NOTICE OF SET DOWN OF A SUIT

BETWEEN:

[blank] (Plaintiff)

and

[blank] (Defendant)

To: [blank] of [blank]

(Name and address of defendant)

TAKE NOTICE that the above referenced case has been set down for trial in Number [blank] Court, on the [blank] day of [blank] 19 [blank], at [blank] o’clock when the claim will be heard.

You should bring to the hearing any witnesses or documentary evidence you may have in support of your defence (or counterclaim, as the case may be). A summons to compel the attendance of a witness whether to give evidence or produce a document can be obtained from the Clerk at the Magistrates’ Court.

IF YOU DO NOT APPEAR IN COURT AT THE ATE AND TIME MENTIONED IN THIS NOTICE JUDGMENT MAY BE GIVEN AGAINST YOU WITHOUT FURTHER NOTICE TO YOU.

Date [blank]

[blank]

Clerk

FORM 6

Case No. [blank] of 19 [blank]. BERMUDA IN THE MAGISTRATES’ COURT CIVIL JURISDICTION SERVICE ENDORSEMENT ON NOTICE OF TRIAL

MAGISTRATES’ COURT RULES 1973

THE NOTICE of which this is a true copy was served by me on the [blank] day of [blank] 19 [blank], by

(a) delivering the notice to the said defendant personally at [blank]; or

(b) delivering the notice to [blank] being an adult inmate of [blank] the abode/place of business of the defendant; or

(c) [blank]

Date [blank]

[blank]

Bailiff

FORM 7

Case No. [blank] of 19 [blank]. BERMUDA IN THE MAGISTRATES’ COURT CIVIL JURISDICTION SUMMONS UNDER SECTION 26 OF THE MAGISTRATES ACT 1948

To: [blank] of [blank] (Plaintiff)

and

[blank] of [blank] (Defendant)

WHEREAS on the [blank] day of [blank] 19 [blank], a writ of execution was issued against the goods and chattels of [blank] (state debtor’s name) in satisfaction of the judgment of the Court of the [blank] day of [blank] 19 [blank].

AND WHEREAS the person whose goods have been levied on, that is to say [blank] of [blank] (state name and address of applicant) has applied to the Court to order the restitution of the following goods—

YOU ARE THEREFORE summoned to attend at the Magistrates’ Court, Hamilton, Court No. [blank] at [blank] o’clock of the [blank] noon of [blank], the [blank] day of [blank]

19 [blank], at which time the court will determine whether such goods and chattels are or are not liable to be levied on and disposed of under such writ.

Dated the [blank] day of [blank] 19 [blank]

MAGISTRATES’ COURT RULES 1973

[blank]

Clerk

FORM 8

Case No. [blank] of 19 [blank]. BERMUDA IN THE MAGISTRATES’ COURT CIVIL JURISDICTION WITNESS SUMMONS (To give oral evidence)

[blank] PARISH, BERMUDA.

BETWEEN [blank] Plaintiff

AND

[blank] Defendant

YOU ARE HEREBY COMMANDED to attend at No. [blank] Court at the Magistrates’ Court, Hamilton, at [blank] o’clock of the [blank] noon of the [blank] day of [blank] 19 [blank], and thereafter as you may be directed to give evidence on behalf of the [blank]

IN DEFAULT OF YOUR ATTENDANCE YOU ARE LIABLE TO FORFEIT THE SUM OF $50.

Dated the [blank] day of [blank] 19 [blank]

[blank]

Clerk

(This summons was issued on the application of the Plaintiff/Defendant)

FORM 9

Case No. [blank] of 19 [blank]. BERMUDA IN THE MAGISTRATES’ COURT

MAGISTRATES’ COURT RULES 1973

CIVIL JURISDICTION WITNESS SUMMONS (To produce documents)

TO: [blank]

[blank]

[blank] PARISH, BERMUDA.

BETWEEN [blank] Plaintiff

AND

[blank] Defendant

YOU ARE HEREBY COMMANDED to attend at No. [blank] Court, the Magistrates’ Court, Hamilton at [blank] o’clock in the [blank] noon of [blank] the [blank] day of [blank]

19 [blank], and also to bring with you and produce the several documents hereunder specified.

(Here insert list of documents required to be produced)

IN DEFAULT OF YOUR ATTENDANCE YOU ARE LIABLE TO FORFEIT THE SUM OF $50.

Dated the [blank] day of [blank] 19 [blank]

[blank]

Clerk

(This summons was issued on the application of the Plaintiff/Defendant)

FORM 10 Order 24 Rule 2

Case No. [blank] of 19 [blank]. BERMUDA IN THE MAGISTRATES’ COURT

MAGISTRATES’ COURT RULES 1973

CIVIL JURISDICTION JUDGMENT SUMMONS

BETWEEN

[blank] PLAINTIFF

(Name and Address)

AND

[blank] DEFENDANT

(Name and Address)

TO THE DEFENDANT:

WHEREAS the Plaintiff has obtained a Judgment or Order against the above mentioned Defendant in this Court (or in the Supreme Court) on the [blank] day of [blank]

19 [blank] for the payment of $ [blank] for debt (or damages) and costs forthwith (or on the [blank] day of [blank] 19 [blank]), or by instalments of $ [blank] for every week (calendar month) and subsequent costs have been incurred in pursuance thereof and allowed by the Magistrate amounting to $ [blank]

AND WHEREAS default has been made in payment of the sum of $ [blank] payment in pursuance of the said Judgment or Order and the Plaintiff has applied for this Judgment Summons to be issued against you.

YOU ARE THEREFORE HEREBY SUMMONED TO APPEAR PERSONALLY in Court Number 1 of the Magistrates’ Court, corner of Reid and Parliament Streets, Hamilton, at [blank] on [blank] the [blank] day of [blank] 19 [blank], to be examined on oath touching the means you have or have had since the date of the said Judgment or Order to satisfy the sum payable thereunder and to show cause why you should not be committed to prison for such default.

AND TAKE NOTICE THAT IF YOU FAIL TO ATTEND COURT AS DIRECTED BY THIS SUMMONS YOU MAY BE ARRESTED AND BROUGHT BEFORE THE COURT AND THEREAFTER COMMITTED TO PRISON FOR A PERIOD NOT EXCEEDING FOURTEEN DAYS.

Dated the [blank] day of [blank] 19 [blank]

[blank]

Clerk

MAGISTRATES’ COURT RULES 1973

PAYMENT MAY BE MADE TO THE PLAINTIFF

FOR COURT USE ONLY

SERVICE ENDORSEMENT OF SUMMONS

THE SUMMONS of which this is a true copy was served on me on the [blank] day of [blank] 19 [blank], by:

(a) delivering the summons to the said Defendant personally at [blank]

(b) delivering the summons to [blank] being an adult inmate of the abode/ place of business of the Defendant; or

(c) [blank]

Date [blank]

[blank]

Bailiff APPLICATION FOR JUDGMENT SUMMONS

WHEREAS, default has been made in payment of the sum of $ [blank] payable in pursuance of the Judgment or Order of this Court (or the Supreme Court) specified in the Judgment Summons on the reverse.

I/We apply for the issue of a Judgment Summons against the Defendant(s).

Date [blank]

[blank]

(Signature)

Plaintiff/Counsel of Plaintiff.

SCHEDULE

(Rule 3)

FORM 11 Order 24 Rule 5

MAGISTRATES’ COURT RULES 1973

Case No. [blank] of 19 [blank]. BERMUDA IN THE MAGISTRATES’ COURT CIVIL JURISDICTION THE DEBTORS ACT 1973 Under Section 5 of the Debtors Act 1973 WARRANT OF ARREST

BETWEEN

[blank] PLAINTIFF

(Name and Address)

AND

[blank] DEFENDANT

(Name and Address)

To the Provost Marshal General:

WHEREAS the debtor [blank] of [blank] has been served with a Judgment Summons failed to attend the court on the day and at the time fixed for the hearing of such summons/ the adjourned hearing of such summons [delete whichever is not applicable].

IT IS ORDERED that the said debtor be arrested.

YOU the said Provost Marshal General are therefore to arrest the said debtor and bring him before this Court without delay.

Date [blank]

[blank]

Magistrate

FORM 12 Order 24 Rule 6

MAGISTRATES’ COURT RULES 1973

Case No. [blank] of 19 [blank]. BERMUDA IN THE MAGISTRATES’ COURT CIVIL JURISDICTION Under Section 5 of the Debtors Act 1973

BETWEEN

[blank] PLAINTIFF

(Name and Address)

AND

[blank] DEFENDANT

(Name and Address)

To the Provost Marshal General and the Commissioner of Prisons:

WHEREAS the debtor [blank] of [blank] has been arrested and brought before me for failing to attend this Court for the hearing/adjourned hearing of a Judgment Summons [delete whichever is not applicable] and WHEREAS I have adjourned the hearing of the said summons to the [blank] day of [blank] 19 [blank] in Court No. 1 of the Magistrates’ Court IT IS ORDERED that the said debtor be committed to prison until the said adjourned hearing.

YOU the said Provost Marshal General are therefore to arrest the said debtor and deliver him to the Commissioner of Prisons at Casemates Prison and you the said Commissioner of Prisons to receive the said debtor and safely keep in prison and, further, upon the day and at the time of the said adjourned hearing bring the said debtor before me.

Date [blank]

[blank]

Magistrate

FORM 13 Order 24 Rule 7

MAGISTRATES’ COURT RULES 1973

Case No. [blank] of 19 [blank]. BERMUDA IN THE MAGISTRATES’ COURT CIVIL JURISDICTION ORDER REVOKING AN ORDER FOR COMMITTAL TO PRISON Under Section 7 of the Debtors Act 1973

BETWEEN

[blank] PLAINTIFF

(Name and Address)

AND

[blank] DEFENDANT

(Name and Address)

UPON APPLICATION made this day by the debtor [blank] who was committed to prison by order dated the [blank] day of [blank] 19 [blank], for failing to attend the adjourned hearing of a Judgment Summons and upon reading the affidavit of the said debtor showing the reasons for his failure and upon the undertaking of the said debtor to attend the Court when next ordered or required to do so.

IT IS ORDERED that the said order for committal be revoked and that the said [blank] be discharged out of the custody of the Commissioner of Prisons.

Date [blank]

[blank]

Magistrate

FORM 14 Order 24 Rule 9

Case No. [blank] of 19 [blank]. BERMUDA

MAGISTRATES’ COURT RULES 1973

IN THE MAGISTRATES’ COURT CIVIL JURISDICTION THE DEBTORS ACT 1973 ORDER FOR PAYMENT BY INSTALMENTS

BETWEEN

[blank] PLAINTIFF

(Name and Address)

AND

[blank] DEFENDANT

(Name and Address)

WHEREAS the Defendant has made default in the payment of $ [blank] payable in pursuance of the judgment or order of this Court (or the Supreme Court) made on the [blank] day of [blank] 19 [blank].

IT IS ORDERED upon the hearing this day of a Judgment Summons issued against the Defendant that the said Defendant do pay the amount remaining due under the said judgment or order (add, if so ordered, and the fees and costs of the issue and hearing of the said Judgment Summons) as stated at the foot of this order, by instalments of $ [blank] for every [blank], the first payment to be made on the [blank] day of [blank] 19 [blank].

Amount remaining due under judgment or order [blank]

Fees and Costs [blank]

Date [blank]

[blank]

Magistrate

FORM 15 Order 24 Rule 10

Case No. [blank] of 19 [blank].

MAGISTRATES’ COURT RULES 1973

BERMUDA IN THE MAGISTRATES’ COURT CIVIL JURISDICTION ORDER FOR COMMITTAL TO PRISON Under section 3 of the Debtors Act 1973

BETWEEN

[blank] PLAINTIFF

(Name and Address)

AND

[blank] DEFENDANT

(Name and Address)

To the Provost Marshal General and the Commissioner of Prisons:

WHEREAS the Plaintiff obtained a judgment or order against the Defendant in this Court (or in the Supreme Court on the [blank] day of [blank] 19 [blank], for the payment of $ [blank] for debt (or damages) and costs forthwith (or on the [blank] day of [blank] 19 [blank], or by the instalments of $ [blank] for each week (calendar month) and subsequent costs have been incurred in pursuance thereof and allowed by the Magistrate amounting to $ [blank]

AND WHEREAS the Defendant has made default in payment of $ [blank], payable in pursuance of the said judgment or order:

AND WHEREAS on the haring this day of a Judgment Summons issued against the said Defendant, the Court is satisfied that the said Defendant has (or has had since the date of the Judgment or Order) the means to pay the said sum and refuses or neglects (or has refused or neglected) to pay the same, and has shown no cause why he should not be committed to prison:

IT IS THEREFORE ORDERED that the said Defendant shall be committed to prison for [blank] days, unless he shall sooner pay the sum stated below as that on payment of which he is to be discharged.

You the said Provost Marshal General are therefore required to arrest the said Defendant and to deliver him to the Commissioner of Prisons at Casemates Prison and you the said Commissioner of Prisons to receive the said Defendant and safely keep him in

MAGISTRATES’ COURT RULES 1973

prison for [blank] days from the arrest under this order or until he shall be sooner discharged by due course of law.

Date [blank]

[blank]

Magistrate

Sum on Payment of which the Defendant is to be discharged $ [blank]

FORM 16 Order 25 Rule 2(1)

Case No. [blank] of 19 [blank]. BERMUDA IN THE MAGISTRATES’ COURT JURISDICTION UNDER THE LANDLORD AND TENANT ACT 1974 Summons to hearing of application to terminate tenancy

To [blank] of [blank]

(name and address of defendant)

YOU ARE HEREBY SUMMONED TO APPEAR at No. [blank] Court at the Magistrates’ Court, corner of Reid and Parliament Streets, Hamilton, on the [blank] day of [blank] 19 [blank] at [blank] o’clock when an application will be made by [blank] of [blank] (name and address of plaintiff) for an order to terminate a contract of tenancy in respect of [blank] (description of the premises)

The breach or event upon which the plaintiff intends to rely in making such application is as follows—

(state concisely nature of the breach or event)

[blank]

(Signature)

Plaintiff/Counsel for Plaintiff

MAGISTRATES’ COURT RULES 1973

INSTRUCTIONS

If you—

(a) do not oppose the application;

(b) dispute the application;

you must give notice thereof to the Clerk to the Magistrates’ Court at least three clear days before the date stated above (do not post the document) and, for this purpose, you may make use of the form of opposition attached OR you must appear in court on that date. IF YOU NEITHER COMPLETE AND RETURN A FORM OF OPPOSITION in the manner stated NOR APPEAR IN COURT AT THE DATE AND TIME MENTIONED ON THIS SUMMONS JUDGMENT MAY BE GIVEN AGAINST YOU WITHOUT FURTHER NOTICE TO YOU.

Issued by me this [blank] day of [blank] 19 [blank]

[blank]

Clerk

TO BE INSERTED UPON THE DEFENDANT’S COPY OF THE SUMMONS BY THE PERSON EFFECTING SERVICE.

This summons was served by me on the [blank] day of [blank] 19 [blank], at [blank]

[blank]

Signature

AT HEARING

Application allowed:

Ordered:

In default of appearance/after hearing

Summons Dismissed

Magistrate FORM OF OPPOSITION

*I DO NOT OPPOSE the plaintiff’s application

MAGISTRATES’ COURT RULES 1973

*I OPPOSE the plaintiff’s application, for the following reasons.

(*Delete whichever is inapplicable)

[blank]

Defendant

Address to which notices are to be sent

[blank]

[blank]

FORM 17 Order 25 Rule 2(4)

Case No. [blank] of 19 [blank]. BERMUDA IN THE MAGISTRATES’ COURT Notice under Section 16(2) of the Landlord and Tenant Act 1974

To [blank] of [blank]

(name and address of defendant)

WHEREAS I commenced proceedings against you for the termination of a tenancy by summons dated the [blank] day of [blank] 19 [blank] NOW TAKE NOTICE that in accordance with section 16 of the Landlord and Tenant Act 1974 I have given notice of such commencement to the following persons—

[blank]

(Signature)

Plaintiff/Counsel for Plaintiff

FORM 18 Order 25 Rule 4

MAGISTRATES’ COURT RULES 1973

Case No. [blank] of 19 [blank]. BERMUDA IN THE MAGISTRATES’ COURT JURISDICTION UNDER THE LANDLORD AND TENANT ACT 1974 Notice of Application for an Order of Possession

To [blank] of [blank]

(name and address of defendant)

TAKE NOTICE that application will be made in No. [blank] Court at the Magistrates’ Court, corner of Reid and Parliament Streets, Hamilton, on the [blank] day of [blank] 19 [blank] for an order for possession of [blank] (description of the premises)

The grounds of the application are set out in the affidavit annexed hereto.

[THE PLAINTIFF will further claim

RENT IN ARREAR [blank]

COMPENSATION (Mesne Profits) [blank]

COSTS:

Court Fee [blank]

Attorney’s Charge [blank] Total [blank]

Particulars of the claim are set out in the affidavit annexed hereto.]

[blank]

(Signature)

Plaintiff/Counsel for Plaintiff

INSTRUCTIONS

If you—

(a) do not oppose the application;

(b) dispute the application;

MAGISTRATES’ COURT RULES 1973

you must give notice thereof to the Clerk of the Magistrates’ Court at least three clear days before the date stated above (do not post the document) and, for this purpose, you may make use of the form of opposition attached OR you must appear in court on that date. IF YOU NEITHER COMPLETE AND RETURN A FORM OF OPPOSITION in the manner stated NOR APPEAR IN COURT AT THE DATE AND TIME MENTIONED ON THIS SUMMONS JUDGMENT MAY BE GIVEN AGAINST YOU WITHOUT FURTHER NOTICE TO YOU.

Issued by me this [blank] day of [blank] 19 [blank]

[blank]

Clerk

TO BE INSERTED UPON THE DEFENDANT’S COPY OF THE SUMMONS BY THE PERSON EFFECTING SERVICE.

This summons was served by me on the [blank] day of [blank] 19 [blank], at [blank].

[blank]

Signature

AT HEARING

Application allowed:

Ordered:

in default of appearance/after hearing

Summons Dismissed

Magistrate. FORM OF OPPOSITION

*I DO NOT OPPOSE the plaintiff’s application.

*I OPPOSE the plaintiff’s application, for the following reasons.

(*Delete whichever is inapplicable)

[blank]

Defendant

MAGISTRATES’ COURT RULES 1973

Address to which notices are to be sent

[blank]

[blank]

FORM 19 Order 25 Rule 5

Case No. [blank] of 19 [blank]. BERMUDA IN THE MAGISTRATES’ COURT JURISDICTION UNDER THE LANDLORD AND TENANT ACT 1974 Warrant to Evict

TO: THE PROVOST MARSHAL GENERAL.

WHEREAS on the [blank] day of [blank] 19 [blank], it was adjudged that the plaintiff was entitled to possession of [blank] (describe the land as set out in the judgment)

and it was ordered that the defendant should give the plaintiff possession of the said land on the [blank] day of [blank] 19 [blank]

AND WHEREAS the defendant has not obeyed the said order:

YOU ARE THEREFORE required to give possession of the said land to the plaintiff.

Dated this [blank] day of [blank] 19 [blank] [blank]

Magistrate

FORM 20 Order 26 Rule 3

Case No. [blank] of 19 [blank]. BERMUDA

MAGISTRATES’ COURT RULES 1973

IN THE MAGISTRATES’ COURT CIVIL JURISDICTION APPLICATION FOR ATTACHMENT OF EARNINGS ORDER

BETWEEN

[blank] PLAINTIFF

(Name and Address)

AND

[blank] DEFENDANT

(Name and Address)

who is employed by [blank] of [blank] at [blank] as a [blank] (Works No./Pay ref. )

To the Clerk and the Defendant.

The above-named Defendant being in arrear under the judgment obtained by me in this Court (or as the case may be) on the [blank] 19 [blank], I apply for an attachment of earnings order requiring the Defendant’s employer to make deductions from his earnings to satisfy the judgment.

Dated this [blank] day of [blank] 19 [blank]

(Attorney for the) Plaintiff

ADDRESS

Balance of judgment debt and costs $ [blank]

Court fee on application $ [blank]

Sum on payment of which this matter will be satisfied. $ [blank]

FORM 21 Order 26 Rule 5 NOTICE OF APPLICATION FOR ATTACHMENT OF EARNINGS ORDER

MAGISTRATES’ COURT RULES 1973

BETWEEN

[blank] PLAINTIFF

(Name and Address)

AND

[blank] DEFENDANT

(Name and Address)

To the Defendant

TAKE NOTICE that this application will be heard at the Magistrates’ Court, Hamilton on the [blank] day of [blank] 19 [blank], at [blank] o’clock in the Number [blank] Court.

You are requested to complete the attached form of reply and send it to me as soon as possible.

If you fail to attend court on the day and at the time mentioned above you are liable to be arrested and brought before it.

Dated this [blank] day of [blank] 19 [blank]

[blank]

Clerk

FORM 22 Order 26 Rule 5 REPLY TO APPLICATION FOR ATTACHMENT OF EARNINGS ORDER

BETWEEN

[blank] PLAINTIFF

(Name and Address)

AND

MAGISTRATES’ COURT RULES 1973

[blank] DEFENDANT

(Name and Address)

N.B. Answer all the following questions. Do not leave blanks.

Section 1 (Employment)

(a) What is your full name?

(b) By whom are you employed? (If you have more than one employer give answers in respect of each of them)

(c) Where are you employed?

(d) In what capacity are you employed?

(e) What is the address of you employer’s Head Office if different from (c) above?

(f) What is your—

Works Number?

Pay reference?

Section 2 (Pay and Income)

(a) What is your basic pay before deductions? $[blank] Per week/month

(b) What overtime, bonuses, fees, allowances or commission do you receive? $ [blank]

(c) What deductions are normally made from your pay? $ [blank] Per week/ month for

(d) What is your usual take-home pay? $ [blank] Per week/month

(e) Do you receive a pension or any other income? Please give details. Section 3 (Liabilities)

(a) What persons, if any, are financially dependent on you? Please give details (including the ages of any dependent children) and mention any contribution they make to your household expenses.

(b) What rent or mortgage instalments do you have to pay? $ [blank] Per week/month

(c) What rates, or land tax, if any, do you have to pay? $ [blank] Per week/ month

(d) Do you have to pay under any other court orders? Please give details.

MAGISTRATES’ COURT RULES 1973

(e) What other regular payments have you to make?

(f) Have you any other liabilities which you would like the court to take into account? Please give details. Section 4 (Proposal for Payment)

What sum would you be prepared to have deducted from your earnings to satisfy the Plaintiff’s judgment? $ [blank] Per week/month

Signed [blank] Defendant

Address

FORM 23 Order 26 Rule 9 ATTACHMENT OF EARNINGS ORDER (JUDGMENT DEBT)

BETWEEN

[blank] PLAINTIFF

(Name and Address)

AND

[blank] DEFENDANT

(Name and Address)

The Defendant [blank] of [blank] who works at [blank] as a [blank] (Works No./Pay ref. [blank]) is in arrear under a judgment of this Court (or as the case may be) and it appears that earnings are payable by you to him.

YOU ARE ORDERED to make out of those earnings periodical deductions in accordance with section 29 of the Magistrates Act 1948 until $ [blank], the amount payable under the judgment, has been paid. For the purpose of calculating the said deductions the normal deduction rate shall be $ [blank] a week (or as the case may be).

AND YOU ARE ORDERED to pay the sums deducted to the Clerk at this Court at monthly intervals (or as the case may be).

MAGISTRATES’ COURT RULES 1973

Dated this [blank] day of [blank] 19 [blank]

[blank]

Magistrate

To:

Indorsement on copy sent to Defendant

This is a copy of an attachment of earnings order directed to [blank]. If you leave his employment or become employed or reemployed, you must notify the Court in writing within 7 days, giving particulars of your earnings and anticipated earnings from any new employment. Failure to do so may render you liable to a fine or imprisonment.

To: [blank]

FORM 24 Order 26 Rule 14(3) ATTACHMENT OF EARNINGS ORDER (MAINTENANCE)

BETWEEN

[blank] PLAINTIFF

(Name and Address)

AND

[blank] DEFENDANT

(Name and Address)

The above-named [blank] of [blank], who works at [blank] as a [blank] (Works No./ Pay ref. [blank]) is required to make payments of $ [blank] a week (or as the case may be) under a maintenance order made by this court (or as the case may be) on [blank], 19 [blank]. An application has been made for an attachment of earnings order to secure the payments and it appears that earnings are payable by you to him.

YOU ARE ORDERED to make out of those earnings periodical deductions in accordance with section 29 of the Magistrates Act 1948. For the purpose of calculating the

MAGISTRATES’ COURT RULES 1973

deductions the normal deduction rate shall be $ [blank] a week (or as the case may be) and the protected earnings rate shall be $ [blank] a week (or as the case may be).

Dated this [blank] day of [blank] 19 [blank]

[blank]

Magistrate

To: [blank]

Indorsement on copy sent to Defendant

This is a copy of an attachment of earnings order directed to [blank]. If you leave his employment or become employed or re-employed, you must notify the Court in writing within 7 days, giving particulars of your earnings and anticipated earnings from any new employment. Failure to do so may render you liable to a fine or imprisonment.

To: [blank]

FORM 25 ORDER 27 RULE 2 NOTICE OF ATTACHMENT OF MONEY OTHER THAN EARNINGS (Under section 35C of the Act)

UPON the application of the

1 You are directed to pay to the Clerk at [blank] (address) [blank],

(a) within fourteen (14) days of the date of service of this Notice, all money payable by you to [blank] (debtor) [blank] on the date of service, and

(b) all money up to a maximum of $ [blank] that becomes payable by you to [blank] (debtor) from time to time after the date of service forthwith as it becomes payable unless you receive a notice terminating the Attachment from the Clerk on an order from the court ordering otherwise.

2 If no money is payable by you to the Clerk within fourteen (14) days of the date of service on you of this Notice, you are required to—

(a) file an answer with the court disputing your liability to [blank] (debtor) and that no liability is anticipated or,

(b) file an answer with the court stating that money will be payable at a future date or upon the happening of a specified event. Upon the specified

MAGISTRATES’ COURT RULES 1973

future date or upon the happening or the specified future event, you upon the happening or the specified future event, you are required to pay the Clerk in accordance with paragraph 1.

3 You are further required to file with the Clerk an address for service of any notices or orders relating to this Notice of Attachment.

ISSUED at [blank], this [blank] day of [blank], 19 [blank].

[blank] Magistrate

[These Rules combine the Magistrates’ Court Rules (SR&O 6/1973) and the Magistrates’ Court (Debtors) Rules 1973 (SR&O 65/1973]

[Amended by: SR&O 31 / 1974 SR&O 87 / 1975 SR&O 11 / 1976 BR 30 / 1978 BR 71 / 1988 BR 102 / 2013]