Attachment of Earnings
An Attachment of Earnings Order is an Order sent by the Court to the Debtor's employer requiring him to deduct money from a Debtor's wages each pay day and send it to the Court who pass it on to the Creditor.
An Attachment of Earnings Order cannot be made if the Debtor is unemployed, self-employed, in the Armed Forces or a Merchant Seaman.
If the Debtor is in regular employment you should request an Attachment of Earnings Order by completing Form N337 and sending this in to the Court with the fee of £65. The Court will then send the Debtor a form to complete about his or her income and outgoings. If the Debtor does not return the form the Court can require him or her to attend personally before the Judge and if this Order is disregarded the Debtor can be arrested and ultimately sent to prison if he or she fails to co-operate.
At the hearing - or on considering the returned form - the Judge will set a normal weekly or monthly deduction and a "Protected Earnings Rate". This is the amount that the Judge considers the Debtor needs to live on. If the Debtor's earnings fall below the Protected Earnings Rate in any week or month the normal deduction will not apply.
An Attachment of Earnings Order is a very effective method of enforcement against Debtors who are in regular and responsible employment.