Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT COURT RULES 2001 - RULE 25B.40

Request for Third Party Debt Notice

             (1)  A payee may, without notice to the payer or third party, ask the Court to issue a Third Party Debt Notice requiring the payment to the payee of any money to which this Subdivision applies by filing:

                     (a)  3 copies of the Third Party Debt Notice; and

                     (b)  an affidavit.

             (2)  The affidavit must:

                     (a)  comply with rule 25B.12; and

                     (b)  include the following information :

                              (i)  the name and address of the third party;

                             (ii)  details of the debt to be attached to satisfy the obligation, including its nature and amount;

                            (iii)  the information relied on to show that the debt is payable by the third party to the payer;

                            (iv)  if it is sought to attach the payer's earnings:

                                        (A)  details of the payer's earnings; and

                                        (B)  details of the payer's living arrangements, including dependants; and

                                        (C)  the protected earnings rate; and

                                        (D)  the amount sought to be deducted from the earnings each payday; and

                                         (E)  any information that should be included in the Third Party Debt Notice to enable the employer to identify the payer.

Note:          A person seeking to enforce the payment of a child support liability must first apply for an order for the amount owed (see rule 25B.09).



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