Attachment of Earnings Order
An Attachment of Earning Order is an method a creditor can use to enforce payment of a CCJ by getting payment directly from your employer.
An Attachment of Earning Order instructs your employer to take deductions directly from your earnings to repay a debt. Your employer sends the money to the court.
Such an order can be applied for if:-
- You are behind with payments on your county court judgment (CCJ).
- You are an employee as opposed to being not self-employed or on benefits and are not a member of the armed forces.
- You owe more than £50 against the CCJ.
Just because you own money, a creditor can't ask for an attachment of earnings order. You need to have been to court, ordered to pay, and still not be repaying your debts.
When your creditor applies for a Attachment of Earning Order, the court will send you a form (N56) asking for details of your employer and other debts your may have. On the form there is a section where you may make a offer of payment.
Suspended Attachment of Earnings Order
On the (N56) form, you may request the court for a Suspended Attachment of Earnings Order. If granted, this prevents court from contacting your employer. You are entitled to do this if you have good reason to believe that if your employer gets wind of your situation it will jeopardize your job or prospects and make repaying your debt even more difficult.
If successful with your appeal for a suspended order, you can make payments directly to the court. If you fail to make such payment, the court will send the attachment of earnings order directly to your employer.
When deciding whether to grant an attachment of earnings order, the court will take into consideration your income, outgoings and your ability to pay. If your income is low resulting in little or no disposable income, the attachment of earning order request maybe rejected.
What To Do Next
If you have debts that you can't repay, and are concerned about being subject to an Attachment of Earnings Order, then please call us for advice or submit the form on the left of this page.
The Law is on your side, so long as you make reasonable effort to pay your debts at a rate affordable to you.