Attachment of Earnings Act 1971
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Change 1
8 Interrelation with alternative remedies open to creditor.
(1) Where an attachment of earnings order has been made to secure maintenance payments, no order or warrant of commitment shall be issued in consequence of any proceedings for the enforcement of the related maintenance order begun before the making of the attachment of earnings order. (2) Where the county court has made an attachment of earnings order to secure the payment of a judgment debt— (a) no order or warrant of commitment shall be issued in consequence of any proceedings for the enforcement of the debt begun before the making of the attachment of earnings order; and (b) so long as the order is in force, no execution for the recovery of the debt shall issue against any property of the debtor without the leave of the county court. (3) An attachment of earnings order made to secure maintenance payments shall cease to have effect upon the making of an order of commitment or the issue of a warrant of commitment for the enforcement of the related maintenance order .... (4) An attachment of earnings order made to secure the payment of a judgment debt shall cease to have effect on the making of an order of commitment or the issue of a warrant of commitment for the enforcement of the debt. (5) An attachment of earnings order made to secure— (a) any payment mentioned in section 1(3)(c) of this Act; or (b) the payment of any sum mentioned in paragraph 1 of Schedule 5 to the Courts Act 2003, shall cease to have effect on the issue of a warrant committing the debtor to prison for default in making that payment.
8 Interrelation with alternative remedies open to creditor.
(1) Where an attachment of earnings order has been made to secure maintenance payments, no order or warrant of commitment shall be issued in consequence of any proceedings for the enforcement of the related maintenance order begun before the making of the attachment of earnings order. (2) Where the county court has made an attachment of earnings order to secure the payment of a judgment debt— (a) no order or warrant of commitment shall be issued in consequence of any proceedings for the enforcement of the debt begun before the making of the attachment of earnings order; and (b) so long as the order is in force, no execution for the recovery of the debt shall issue against any property of the debtor without the leave of the county court. (3) An attachment of earnings order made to secure maintenance payments shall cease to have effect upon the making of an order of commitment or the issue of a warrant of commitment for the enforcement of the related maintenance order .... (4) An attachment of earnings order made to secure the payment of a judgment debt shall cease to have effect on the making of an order of commitment or the issue of a warrant of commitment for the enforcement of the debt. (5) An attachment of earnings order made to secure— (a) any payment mentioned in section 1(3)(c) of this Act; or (b) the payment of any sum mentioned in paragraph 1 of Schedule 5 to the Courts Act 2003, shall cease to have effect on the issue of a warrant committing the debtor to prison for default in making that payment.
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