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| Attachment Of earnings |
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An attachment of earnings is where a creditor has an order issued by the Courts to deduct monies owed to them directly from your wages if you have failed to maintain repayments on a debt. Your employer must comply by law and make the payments to the creditor until the debt is paid off.
A creditor has the right to apply for an Attachment of Earnings if a County Court Judgement has been issued and you have fallen behind by at least one payment, and you owe more than £50.
An attachment of earnings order cannot be applied for if the debtor is unemployed or self-employed, in the army, navy or air force or a merchant seaman.
Once an attachment of earnings is issued you will need to complete your employer details along with your income and expenditure on the form. You will need to complete and return the form to the Courts as soon as possible if you are unable to pay the debt owing back in full. Failure to return the form will result in the court sending a bailiff to issue the form by hand. If still you fail to return the form and the court believes you have received the form, a bailiff will be sent with a warrant of arrest to collect you and may take you to the court to complete the form.
There is the possibility that the Attachment of Earnings order be rejected if you are a low wage earner. The amount to be deducted from your wages depends on your own personal financial circumstances and does take into account basic expenditure such as rent, essestial bills, housekeeping and food etc.
An attachment of Earnings order can be suspended if you do not want your employer contacted directly. If agreed you will need to pay the creditor direct by order of the court. Failing to make these payments will result in the Attachment of Earnings order being reissued and sent directly to your employer.
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