Attachment to Earning FAQ
Tuesday, 07 August 2007 06:11

I have received a letter from a creditor which states that they are going to apply for a court order to make deductions from my pay; can they do this?
Your creditor can apply for an Attachment of Earning order after a CCJ has been issued.

What happens if I do not reply to the court?
Failure to reply to the court within the stated time will mean that you will be contacted again by the court requesting you to fill out a Statement of Means. If you still do not reply bailiffs will be ordered to obtain a Statement of Means, and they have the power to arrest you and bring you to the court to fill in the Statement of Means.

Will I be left with enough money to live on?
The court will look at your Statement of Means you are allowed a certain amount to pay for rent or mortgage and day to day living expenses - this is called “protected earnings”

I really do not want my employer to know. What can I do?
You can request that the court suspends the order and you will be asked to make the payments direct to your creditor.

My payments are only behind by one payment - can they still apply for this order?
Yes, as you have broken your agreed payment term your creditor can make this claim against you.

My employment has come to an end. Will I still be required to pay from my Job seekers allowance?
No, the payments will be stop until you find employment. The order can then be reinstated.

The court papers say that I may pay off all the debt, who would I pay?
Normally (unless stated) you would pay your creditor directly.

Do I have to pay the court costs?
Yes, you will be liable for all associated additional costs as your creditor is trying to recoup their monies due to your non payment.

I already have an Attachment to Earning order so will I have more money deducted?
This additional Attachment to Earning order will be consolidated with your existing order, again there will be a Protected Earnings calculation which they can not touch. Normally the debts will be added together and any monies deducted and apportioned accordingly.

What happens if my circumstances change, for example my hours are cut?
Your employer will adjust any payment made according to your salary. If you no longer earn enough no deductions will be made.

Last Updated on Friday, 24 August 2007 02:39