Attachment of Earnings Orders – How do they work?
After finally being awarded a County Court Judgment, sometimes the hardest part of the Court process is actually getting paid.
In this week’s enforcement blog, we shall explore how obtaining an Attachment of Earnings Order could benefit your chances of being paid by your debtor.
What is an Attachment of Earnings Order?
If you are aware that your debtor is in full time employment, an Attachment of Earnings Order will enable you to receive a proportion of the debtor’s wage on a weekly/monthly basis. Please note that your debtor must be employed to obtain an Attachment of Earnings Order.
The sum is deducted at source by the debtor’s employer and is then paid to you as an instalment towards the Judgment debt, it is paid.
How do I obtain an Attachment of Earnings Order?
An application for an Attachment of Earnings Order must be made in the County Court.
The Court will review the application and then provides the debtor with a final opportunity to pay the debt in full or suggest a suitable instalment proposal to settle the debt.
If the debtor fails to respond, the Court will issue the Attachment of Earnings Order. The Order will be sent to the debtor’s employer which gives instructions for:
- Making such periodic deductions from the Judgement debtor’s earnings; and
- How to Pay the specified amounts to the collecting officer of the court.
Suspending an Attachment of Earnings Order
Please note that it in some circumstances it may also be possible for a Judgment debtor to ask for Attachment of Earnings Order to be suspended if he/she does not wish his employer to become involved in paying off the Judgment debt.
Generally speaking, the debtor will seek to come to an agreement for payment by himself/herself by either paying the debt in full or by instalments. However, if the debtor fails to make a payment, you can simply contact the Court and request that the Attachment of Earnings Order be re-issued.
To discuss any of the following, please call Daniel Pidgley on 01202 525333:
- Pursuing a debtor in the County Court;
- Seeking to obtain an Attachment of Earnings Order against your debtor; or
- Enforcing a County Court Judgment generally.