An Attachment of Earnings order is served on your employer who then must by law deduct the specified sum from your earnings, and pay this to the Court.
To obtain an Attachment of Earnings order, a lender must first obtain judgment against you. The judgment does not give the lender any special ability to obtain repayment; it simply means that the Court has adjudged that the monies are legally due. To obtain repayment, a lender has to apply to the court for specific ‘remedies’. Remedies after judgment include applying for an attachment of earnings order, or a charging order, or to have you called to court and ordered to declare your income, assets and liabilities under oath. Applying for an attachment of earnings order is one of the most popular remedies after judgment. Lenders can apply for an attachment of earnings order AND any other remedy or remedies they choose.
The Courts will not grant an attachment of earnings order to anyone who is self employed, or who is in HM Forces, or is a merchant seaman. If you move jobs, the attachment of earnings order does not automatically follow you to your new employer; the lender has to apply to the Court for the attachment of earnings order to be applied to your new employer.
Once granted, the Court sends you a form to help it decide how much to deduct from your pay. It is strongly in your interests to fill this form out carefully and to return it promptly, indeed it is unlikely but you can be jailed for failure to return an attachment of earnings form.
Attachment of earnings orders do not appear on credit reports. Only the underlying judgment is recorded, and that is automatically removed after six years.
Use the links below to locate the term you are looking for. If you can't locate it, please get in touch.