On 6th April 2016, the processes for charging orders and attachment of earnings applications will change as a result of centralisation, with responsibilities devolved to court officers.
Forms N379 (application for a charging order on land or property) and N380 (applications for a charging order on securities) will also be changing on 6th April to take account of the new processes.
The earlier stages of the charging order process will take place within the centralised court, managed by the court officer. If the application meets all the criteria in sections A and B, then the interim charging order will be approved.
If it does not meet all the criteria in section B, then it will be referred to a district judge, who may approve the interim order or order that it be transferred to the local court for a hearing.
Attachment of earnings order
Where a N56 (Centralised Attachment of earnings Payment) has been filed, the defendant is employed and there is sufficient information and income, then the case officer can calculate the PER (protected earnings rate) and the NDR (normal deduction rate) and make a full attachment of earnings order.
David is the CEO of The Sheriffs Office.