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Powers of District Court.
[1993 s290(1)]
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350.—(1) In relation to an attachment of earnings order or an application for such an order, the District Court that made the order or to which the application is made may, before or at the hearing or while the order is in force—
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(a) order the liable relative to give to the District Court, within a specified period, a written statement signed by the liable relative containing—
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(i) the name and address of any person by whom earnings are paid to him or her,
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(ii) specified particulars as to his or her earnings and expected earnings and as to his or her resources and needs, and
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(iii) specified particulars for enabling the liable relative to be identified by any employer of his or hers,
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and
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(b) order that any person appearing to the District Court to have the liable relative in his or her employment to give to the Court, within a specified period, a statement signed by that person, or on his or her behalf, containing specified particulars of the liable relative's earnings and expected earnings.
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| [1993 s290(2)] |
(2) Notice of an application for an attachment of earnings order served on a liable relative may include a requirement that he or she shall give to the District Court, within the period and in the manner specified in the notice, a written statement of the matters referred to in subsection (1)(a) and of any other matters which are or may be relevant to the determination of the normal deduction rate and the protected earnings rate to be specified in the order.
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| [1993 s290(3)] |
(3) In any proceedings in relation to an attachment of earnings order, a statement given to the District Court in compliance with an order under subsection (1)(a) or (b) or with a requirement under subsection (2) shall be admissible as evidence of the facts stated therein, and a document purporting to be such a statement is deemed, unless the contrary is shown, to be a statement so given.
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