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Attachment of Earning Orders

When a creditor wants to get payment directly from your employer, he will put in an attachment of earning order. Such an order effectively instructs your employer to deduct earnings from your paycheck in order to pay off a debt. Your employer then sends the money to the court.

An attachment of earning order will be applied for in the following circumstances:

  1. You are behind in your CCJ payments
  2. You are an employee, and not self-employed or on benefits. You cannot be a member of the armed forces, either.
  3. You owe more than fifty pounds against the CCJ.

 

Keep in mind that just because you happen to owe money, a creditor cannot automatically request an attachment of earnings order. You need first to have been to court, been ordered to pay, and yet still not be in a position to repay your debts.

N56 Form

In the event that a creditor applies for an attachment of earning order, you will be sent an N56 form that requests details about your employer and any other debts you may have. On the form, there is a section in which you are able to make an offer of payment. On the same form, you can also petition the court for a Suspended Attachment of Earnings Order. Such an order, when granted, prevents the court from contacting your employer. You are able to do this in the event that court contact might jeopardize your job or your prospects, or in any other way make the repayment of your debts even more difficult.

Suspended Attachment of Earnings Order

In the event that you are successful in your petitioning for a suspended order, you are then allowed to make your payments directly to the court. If you miss a payment, then the court will likely send the Attachment of Earning order on to your employer.

In making the decision as to whether or not to grant you an attachment of earning order, the court will take in to consideration such factors as income, your outgoings, as well as your general ability to pay. If your income is so low that you have hardly any disposable income, then the creditors attachment of earning order request will likely be rejected.

If you are concerned about becoming the subject of an attachment of earnings order, contact Betterway directly for advice on what to do in these situations.

 

 

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