What is an attachment of earnings?
This is where your employers are informed to deduct an amount from your wages in order to pay the court. They can also deduct an additional £1 when they take money out of your wages to cover the cost of the order.
An Attachment of Earnings Order can be applied for by a creditor if you already have a CCJ but have not paid any debt over £50. Once the creditor has applied you'll be sent an N56 form which you must fill in and return to the court within 8 days. If you fail to complete it this could lead to a court summons or even imprisonment.
How can I stop an Attachment of Earnings?
Apply for a suspended attachment of earnings by ticking the box on the N56 form and state why – for example if it could prevent promotions or lose you your job.
A court officer will then assess the information – however if your income is below the 'protected rate' an attachment of earnings cannot be made. This rate is calculated by essential living costs such as housekeeping and can be strict.
What if I disagree with the court order?
You have 14 days to object to the terms of the attachment from the day you receive the order.
An objection can be put to the court in writing and a new hearing will be set. You must include evidence as to why you object and how it would affect your employment – for example if the installments are too high. It's a good idea to attend the hearing with details of your income and any other debts.
Can I change the terms of the order?
If future payments become unaffordable for whatever reason you can request the court to 'vary' the order. This can be achieved using an N244 form (fees apply).
Can I consolidate Attachment of Earnings?
Yes. This is possible if you have two or more attachments, or if you have one and someone has applied for a second. You can ask the court to consolidate them together although it's possible the court could conduct this itself.
All you need to provide is details of other Attachment of Earnings with a financial statement. The advantage of this is having just one protected earning rate and one monthly payment.
What next?
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