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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 2 August 2011 - onwards
Version 3 of 3

186. Enforcement.

(1) A maintenance creditor who fails to obtain a sum of money due under an attachment of earnings order, or the clerk to whom the sum falls to be paid, may sue for the sum as a simple contract debt in any court of competent jurisdiction, if the failure to obtain the sum is caused by -

(a) a person failing, without reasonable excuse, to comply with section 177(3) or (4), or 180, or an order under section 179 or 183(2), or

(b) a person, without reasonable excuse, giving a false or misleading statement under section 179(1) or notification under section 180.

(2) A person who gives to a court a statement pursuant to section 179 or a notification under section 180 that he or she knows to be false or misleading commits an offence and is liable on summary conviction to a class C fine or to imprisonment for a term not exceeding six months or to both.

(3) A person who contravenes section 177(3) commits an offence and is liable on summary conviction to a class E fine.