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When Can A Creditor Take Money From Your Wages?

If you have outstanding debt, one or more of your creditors could take court action against you and obtain a county court judgement (CCJ) or another court order.

A court order means you must pay the money owed back either in installments or in full by an agreed date. If you fail to meet the requirements of the court order, your creditor can take further action to retrieve the money from you.

There are several ways they can do this. If you’re working, your creditor may try to obtain a court order that takes money from your wages which is paid directly to them. This is known as an attachment of earnings.

This page will explain what happens if your creditor(s) apply for an attachment of earnings order and if there is anything you can do to prevent or change the terms of the order.

Your creditor may apply for an attachment of earnings if you have any of the following debts:

  • Unsecured debts
  • Student loans
  • Rent or mortgage arrears
  • Income tax, VAT or TV license arrears
  • Council tax  debt
  •  Water arrears
  • Child maintenance

If you have arrears for child maintenance, the Child Support Agency (CSA) or Child Maintenance Service (CMS) don’t have to apply for a court order to be able to take money from your wages. They can make one themselves, which is known as a deduction from earnings order.

What is an attachment of earnings?

An attachment of earning order is where your employer is instructed to stop money from your wages to pay back your debt. Your employer will send payments directly to the court and the court forwards it onto your creditor.

What happens if my employer applies for an attachment of earnings order?

If your creditor does apply for an attachment of earnings order, you will be sent court form N56. You’re required to fill in this form detailing your financial circumstances.

A court officer will use the information you’ve provided to make an attachment of earnings order. If you fail to give enough information on form N56, you make be required to attend a hearing with a judge.

 

Can I stop an attachment of earnings order?

You can ask the court not to issue an attachment of earnings order if your creditor agrees to a new payment plan for you to pay back what you owe, alternatively you contact one of our friendly advisors to discuss how to stop the attachment of earnings today on 0333 733 1565

Can I do anything about an attachment of earnings once it has been made?

If you think the amount of money being taken is too much, you can tell the court that you’d don’t agree with

Also entering into an insolvency arrangement can normally stop an attachment of earning order depending what the debt is for please call one of our friendly advisers on 0333 733 1565

Will an attachment of earnings order affect my job?

It could have serious implications, depending on what type of job you have if your employer discovers an attachment of earnings has been made against you.

If you work in a job with money, financial advice or a job that requires a lot of trust, such as a security job, you may find your employer has a policy of dismissing employees if a court order is made against them.

 

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