Enforcement of CCJ with Attachment of Earnings Order

Sometimes it is a fact that the debtor does not have the means to pay the debt in full.  The creditor then has to set up an instalment plan but often has to chase up the instalment plan payments since many debtors fail to keep to the plan. This is time-consuming.  

One solution is to go to the employer who is the supplier of the debtor’s cash flow. 

The employer is given an Attachment of Earnings Order to pay us a percentage of the regular wage directly. The debt is then paid at reliable intervals and the creditor is saved considerable time and hassle. 
 

Instruct us to be your agent by just sending us this simple “Submit CCJ Enforcement with Attachment of Earnings Order Form”.   

 

 

Conditions for applying for an Attachment of Earnings Order 

You can apply for an Attachment of Earnings Order, provided that:


the defendant has not paid according to the CCJ or if the debtor is behind on their payments ordered in the judgment;


the defendant is in full-time employment;


the defendant is a private individual;


the amount outstanding is more than £50.
 

Instruct us to be your agent by just sending us this simple “Submit CCJ Enforcement with Attachment of Earnings Order Form”. 

 

 

What happens after applying for an Attachment of Earnings Order

The Court will send the debtor an “Attachment of Earnings Order Notification”. 

This Notification will also have a form, N56, for the debtor to reply to the order. Form N56 is also called the “Statement of Means”. 

The debtor must fill in the form and send it back within eight calendar days and it must be accompanied by a copy of the most recent wage slip of the debtor. 

The debtor can only suspend the Attachment of Earnings Order if he makes agreed payments which, in this case, can be made directly to the creditor rather than to the Court.

If the debtor does not reply within the 8 calendar days allowed,  they can get a summons to go to court for questioning. If the debtor keeps ignoring the court’s correspondence, they can be prosecuted.
 
This Statement of Means informs the Court about the earnings and regular bills of the debtor. The court will use this information to decide on the amount at which payments are to be made by the employer,  if disposable income is available above “the protected earnings rate”.
 

Instruct us to be your agent by just sending us this simple “Submit CCJ Enforcement with Attachment of Earnings Order Form”. 

 

 

Advantages of an Attachment of Earnings Order

The Attachment of Earnings Order is a powerful tool for you, the creditor, to finally get paid the debt owed to you. It is powerful for several reasons. 

Firstly, if the debtor fails to complete and send back form N56, the “Statement of Means”, he can receive a summons to appear at Court for questioning. If repeated attempts by the Court to contact the debtor are ignored, the debtor can be prosecuted.

Secondly, you, the creditor, are not at the mercy of the debtor and their consistency in meeting instalment plan payments for the right amount and at the right date. This is because you, the creditor,  are paid from monies due to the debtor but not yet remitted to the debtor.  

Thirdly, application for an Attachment of Earnings Order can be made by a creditor when even ONE instalment payment has not been made and, thus, there is no long gap between your non-receipt of a payment due and your instigation of legal redress. 

Fourthly, a debtor often does not want his employer to know that he is indebted and the mere Notification to him of the Attachment of Earnings Order sometimes makes him cough up the whole amount of the debt ! 

Fifthly, the Attachment of Earnings Order is not rendered null and void if the debtor leaves their job. In this case, the Attachment of Earnings order is merely paused for a short while. As the former employer is no longer paying wages to the debtor, no deductions will be taken from such wages.  However, the debtor must tell the creditor about the new employer within 7 days of commencement of the new job so that the Attachment of Earnings Order and the prescribed deductions will be resumed.  Indeed, if the debtor fails to tell the creditor about the new employer within the period allowed of 7 days, it is a criminal offence

Sixthly, once an Attachment of Earnings Order has been issued, there is no long delay before its implementation because the employer must start at the very next payroll payment date to make the relevant deductions from the employee’s salary. The only exception to this timing is when the next payroll payment date is within the next 7 days. 

Seventhly, if the employer ignores the Attachment of Earnings Order, the employer can be fined.  So, you, the creditor, are also not dependent on the will or administrative efficiency of an employer.
 

Instruct us to be your agent by just sending us this simple “Submit CCJ Enforcement with Attachment of Earnings Order Form”.  

 

 

What to do now

Do not hesitate to contact us to obtain this strong and popular remedy for debtors who owe you a debt as recognised by a CCJ but who cannot pay in full and fail to execute payments according to an instalment plan schedule. 

With the possibility of adverse legal consequences for the debtor as well as for their current and/or future employer, an Attachment of Earnings Order quickly produces the result that you, the creditor, want which is to get paid at last. 

Make sure that your application for an Attachment of Earnings Order is done properly by contacting our Paralegal Dept. team who carry out top-notch Paralegal work quickly, accurately and at a reasonable cost. 

So, call us at UK-Debtcollection.com to put into motion an Attachment of Earnings Order which really is a fast, effective, reliable and forceful remedy and one in which the creditor really cannot lose. 

So, do not delay 

Instruct us to be your agent by just sending us this simple “Submit CCJ Enforcement with Attachment of Earnings Order Form”.