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What is an attachment of earnings order?

An attachment of earnings order is an order by the court which requires money from the earnings of a judgment debtor (a person who owes money to another and is ordered by the court to pay such a sum) to be deducted in order to pay the debt owed.

It is a very useful method of enforcing a debt in circumstances where the judgment debtor does not have any other substantial assets but is in paid employment.

Prerequisites of an attachment of earnings order

Attachable earnings

Excluded earnings

Excluded debtors

The following judgment debtors are excluded from an attachment of earnings order:

However it is still possible to obtain money from a judgment debtor who is in the air force, army or navy or who is a merchant seaman.

Determining the judgment debtor’s employability

If a person is unsure as to whether or not the judgment debtor is employed, he or she may be able to obtain this information by one of the following methods:

Obtaining information from the judgment debtor

Upon an application by a creditor for an order to obtain information from a judgment debtor, the Court will require such a debtor to attend Court in order to answer questions on his or her financial status including the amounts involved, account names, numbers and policy numbers as well.

Application procedure for obtaining information

Cost of Application for an attachment of earnings order

The current cost of an application for an attachment of earnings order is £100. The fee is required for each judgment debtor against whom an application is requested.

The application for a consolidated attachment of earnings order currently cost 10 pence for every £1 or part £1 of money that is paid to the Court is deducted before it is paid out to the specified creditors under the order.

Role of the Court

The Court may adopt one of the following options upon receiving an application for an attachment of earnings order:

Statement of Means

The court will examine the statement of means by the judgment debtor to determine the amount the judgment debtor is able to pay. However any repayment is subject to the protected earnings rate.

Protected earnings rate

The protected earnings rate is the amount of money a judgment debtor requires to maintain himself and his family on a weekly or monthly basis. If the judgment debtor’s earnings exceed that of the protected rate an order will be made.

The protected earnings rate includes the following expenses:

Order by the Court

An order by the Court will be sent to the judgment debtor’s employers who will be instructed to do the following:

However it is possible for the judgment debtor to make the payments directly to the creditor subject to the Court’s agreement.

Recovering the debt

An attachment of earnings order is an effective way of recovering an outstanding debt. However payment may not be received in the following circumstances:

However, if a judgment debtor has changed jobs a creditor can request from the Court a reissue of the order to the new employer.

Jurisdiction

The County Court has jurisdiction to hear applications for an attachment of earnings order. The High Court does not have any power to make such an order and as such any High Court claims will be transferred to the County Court for enforcement. However, the Magistrates’ courts have limited authority to make an attachment of earnings order, such as enforcing payment of council tax arrears.

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