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English and Welsh Courts - Miscellaneous


You are here: BAILII >> Databases >> English and Welsh Courts - Miscellaneous >> RCI Financial Services Ltd v Donnelly [2013] EW Misc 14 (EWCC) (18 September 2013)
URL: http://www.bailii.org/ew/cases/Misc/2013/14.html
Cite as: [2013] EW Misc 14 (EWCC)

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Case No. 0GH00395, AE Number 202Z0320

Neutral Citation Number [2013] EW Misc 14

IN THE GATESHEAD COUNTY COURT

 

Date: 18/09/13

 

Before

District Judge Kramer

 

----------------------------

Between:

 

RCI FINANCIAL SERVICES LIMITED

Judgment Creditor

 

and

 

MISS FAYE DONNELLY

Judgment Debtor

---------------------------

 

No appearance by both parties

 

----------------------------

Hearing date: 18th September 2013

 

----------------------------

Judgment


District Judge Kramer

 

Judgement

 

These are proceedings under the Attachment of Earnings Act 1971. This is the hearing of a notice for the Defendant Faye Donnelly to give good reasons as to why she should not be fined or committed to prison for failing to give the court, within the time specified, details of their earnings resources and means in accordance with S.14 of the Attachment of Earnings Act 1971.

 

I am satisfied so that I am sure that the Defendant  has been served with notice of this hearing in County Court form N63 on 23rd August 2013 ordering the Defendant to attend this hearing and in breach of that order has failed to attend the hearing at the time and on the day specified in the notice. The Defendant has not contacted the court to explain her absence. In the circumstances I exercise my discretion to impose the sentence of 14 days imprisonment which is to be suspended on the terms set out in the  form N118 issued by this court a copy of which is attached to the judgment. I further direct that the hearing of the attachment of earnings application will be adjourned to be heard on the date of hearing specified in the N118 form attached.

 


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URL: http://www.bailii.org/ew/cases/Misc/2013/14.html