28. How enforcement order for attachment of debt is carried out (P. 3, r. 28)

An enforcement order is carried out by the enforcement applicant —

in respect of an enforcement order for attachment of a debt due to the enforcement respondent from a non‑party that is a financial institution as represented by a deposit of money, whether or not the deposit has matured and despite any restriction as to the mode of withdrawal — by serving a notice of attachment on the financial institution in respect of the deposit in the institution; or

in respect of an enforcement order for attachment of a debt due to the enforcement respondent from any other non‑party — by serving a notice of attachment on the non‑party from which money is due to the enforcement respondent, whether the money is due immediately or at some future date or at certain intervals in the future.

The notice of attachment must be in Form 34.

Unless the Court otherwise directs, the enforcement applicant must serve the notice of attachment on the non‑party by registered post.

When an attachment has been effected under paragraph (1), a copy of the notice of attachment must be served on the enforcement respondent in accordance with Rule 9(2) within 7 days after effecting the attachment, unless the Court otherwise directs in the enforcement order for attachment of a debt.

A non-party who is served with a notice of attachment is entitled to claim costs of $100 from the enforcement applicant but only if the claim is made within 14 days after service, and the non‑party may deduct that amount from the debt owing from the non‑party to the enforcement respondent which is attached under the notice of attachment prior to handing or paying over the sums mentioned in paragraph (7).

A non-party who is served with a notice of attachment —

must, within 14 days after service of the notice of attachment, inform the Court and the enforcement applicant of the amount owing by the non‑party to the enforcement respondent that is available to be attached; and

must not deal with the attached amount —

if a notice of objection is filed under Rule 29 — until after the notice of objection has been determined in the manner set out in that Rule; or

in any other case — until after 21 days have passed after the date of service of the notice of attachment.

If no notice of objection is filed under Rule 29, the non‑party must hand or pay over to the enforcement applicant the money due to the enforcement applicant.

An enforcement order is carried out by the enforcement applicant —

in respect of an enforcement order for attachment of a debt due to the enforcement respondent from a non‑party that is a financial institution as represented by a deposit of money, whether or not the deposit has matured and despite any restriction as to the mode of withdrawal — by serving a notice of attachment on the financial institution in respect of the deposit in the institution; or

in respect of an enforcement order for attachment of a debt due to the enforcement respondent from any other non‑party — by serving a notice of attachment on the non‑party from which money is due to the enforcement respondent, whether the money is due immediately or at some future date or at certain intervals in the future.

The notice of attachment must be in Form 34.

Unless the Court otherwise directs, the enforcement applicant must serve the notice of attachment on the non‑party by registered post.

When an attachment has been effected under paragraph (1), a copy of the notice of attachment must be served on the enforcement respondent in accordance with Rule 9(2) within 7 days after effecting the attachment, unless the Court otherwise directs in the enforcement order for attachment of a debt.

A non-party who is served with a notice of attachment is entitled to claim costs of $100 from the enforcement applicant but only if the claim is made within 14 days after service, and the non‑party may deduct that amount from the debt owing from the non‑party to the enforcement respondent which is attached under the notice of attachment prior to handing or paying over the sums mentioned in paragraph (7).

A non-party who is served with a notice of attachment —

must, within 14 days after service of the notice of attachment, inform the Court and the enforcement applicant of the amount owing by the non‑party to the enforcement respondent that is available to be attached; and

must not deal with the attached amount —

if a notice of objection is filed under Rule 29 — until after the notice of objection has been determined in the manner set out in that Rule; or

in any other case — until after 21 days have passed after the date of service of the notice of attachment.

If no notice of objection is filed under Rule 29, the non‑party must hand or pay over to the enforcement applicant the money due to the enforcement applicant.