Attachment to Earning
Sunday, 29 July 2007 15:12
After obtaining a County Court Judgement your creditors can apply to the courts for payments to be deducted from your salary, known formally as an Attachment to Earning. Your employer will be informed of the amount to be deducted from your pay.

They can only do this if you are behind on your judgement agreed payments by at least one month or have not kept to the agreed payments at all. An Attachment to Earning order can only be made if you are an employee and are not in the Armed Forces (there are other provisions for the Armed Forces).

You will be contacted by the court and asked to pay up in full or fill in the supplied form including all income and expenditure and details of your employer. Failure to complete and return these forms will result in the courts requesting a Statement of Means.

If you do not submit the Statement of Means Bailiffs will be instructed to serve an order instructing you to fill in and return the forms. Should you still refuse to provide the details required by form the Judge can order the Bailiff to arrest you bring you to the court to fill out the forms.

A court officer will look at the forms and will access what you can afford with the supplied information. There will be allowances for food, rent/mortgages and bills; this is called "Protected Earnings Rate". If you earn more than the protected rate an Attachment to Earning order will be made.

You can request that the Attachment to Earning order is suspended if you do not want your employer informed. If the court agrees you will be requested to make payments directly to your Creditor. Failure to keep to the agreed payments will result in your employer being informed for the deductions to be made from your salary.

Last Updated on Friday, 24 August 2007 03:14