GARNISHMENT OF EARNINGS (THE CONCILIATION ATTEMPT)

Applications for prior conciliation shall be by petition addressed to the competent court by the creditor.

The application shall contain:

1) The full names and address of the debtor;

2) The full names and residence of his employer or, in the case of a corporate person, its legal form, corporate name and registered office;

3) A separate account of the sums claimed in principal, costs and accrued interest and an indication of the interest rate;

4) The existence of any preferential right;

5) Indications relating to the method of payment of the sums attached.

A copy of the writ of execution shall be attached to the petition.

Notice of the place, date and time of the conciliation attempt shall be given to the creditor by registered mail with acknowledgement of receipt or by any other means with written proof.

The registrar shall, not later than fifteen (15) days before the hearing, summon the debtor by registered mail with acknowledgement of receipt or by any other means with written proof.

The summons shall contain:

1) The full names and residence of the creditor or, in the case of a corporate body, its legal form, corporate name and registered office;

2) The subject matter of the application and a statement of the sums claimed;

3) An indication to the debtor that he may, at the hearing, raise any objections and informing him that a late objection shall not stay the attachment proceedings.

4) Also indicate the conditions for his representation at the hearing.

In the absence of an acknowledgement of receipt and in the absence of the debtor, the competent court shall, where it does not deem it necessary to issue a fresh summons, deliver a decision wherein it shall proceed with the verifications provided for in Article 182 below .The said decision shall not be subject to any opposition and may only be attacked by way of appeal.

The president of the competent court, assisted by the registrar, shall draw up the report of the appearance of the parties, it shall state whether or not conciliation took place, or mention the fact that only one party appeared.

In case of conciliation, he shall state in the report the terms of settlement which shall bring an end to the proceedings.

Where there is no conciliation, attachment shall be carried out after verification by the president of the amount of the debt in principal, interest and costs and, where possible, rule on any objections raised by the debtor.

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