Attachment of earnings is the type of execution order that allow bailiff to collect a debt out of the salary. Outside UK this type of order is known as a wage garnishment.
Court may issue the attachment of earning if debtor is employed individual, who doesn’t work at army, air force, navy and merchant navy service(merchant seaman).
Before applying for attachment of earning creditor should figure out whether debtor is employed, where he or she works and salary.
Employment data, size of salary, debtor’s income and outgoings may be requested with order of oral examination or statement of means.
How to request an attachment of earnings
Claimant or creditor could pay a lower fee for attachment of earning order if debtor has already had such order. Creditor may request a court to search in the attachment of earnings index by filing form N336. This application is free.
If debtor has an order you could consolidate your debt amount with those the debtors already owes.
To request for attachment of earnings order creditor need to complete form N337. If it is the only order, then claimant would have to pay fee £110(check county court fee before applying)
If orders were been consolidated then claimant will pay a proportion of court fee of attachment of earnings.
Since April 2016 request for attachment of earnings must be sent to the County Court Money Claims Centre to the address: PO Box 527, Salford, M50BY.
Statement of means
Upon getting request court notifies debtors and suggests to pay a debt or complete statement of means. Debtor must complete statement of means from N56 and provide information about his employment, incomes, wages, credits, debts and expenses.
If debtors fails to complete and return statement of means and court has believe that debtor is aware about it, then warrant to arrest may be issued. In case of arrest, debtors would be brought to the court and asked to complete form in court.
Upon getting statement of means court officer will decide how much debtor may pay taking into account protected earnings amount such as regular utility bills, food and mortgage. If income is a low wage, then atachment of earning cannot be applied.
Then order with instructions will be sent to the employer. All order of attachment of earning and payments is collected by Centralised Attachment of Earnings Payment System (CAPS) in Northampton.
Debtor may ask court and creditor to suspend an order and take obligation to pay directly to the claimant.
Debtor has stopped paying
In case of debtor stop paying or change a work claimant need to reissue attachment of earning order by filing form N446.
But if the debtor loses his job the order will stop. It is up to creditor to notify court about new job or request to reissue order.