Frequently Asked Questions at Restons Solicitors

Attachment of Earnings

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What is an Attachment of Earnings?

If an Attachment of Earnings application is made to the Court your employers may be instructed to deduct money directly from your wages to repay the balance owed under the County Court Judgment (CCJ).

A Suspended Attachment of Earnings Order may be granted, which allows you to make payments directly to us without your employer being notified.

However, if you do not maintain payments in line with the Suspended Order, the Court may grant a Full Attachment of Earnings Order, meaning that your employers will be instructed by the Court to deduct money directly from your wages.

I have received an Attachment of Earnings Form. What should I do now?

An Attachment of Earnings form (known as N56) is used by the Court to determine how much you should pay towards the County Court Judgment (CCJ).

It is important that you complete and return this form to the Court within eight days of receipt.

What if I fail to return the form?

If you fail to return the form within eight days, a County Court Bailiff may be instructed by the Court to visit your property to serve you with this form.

What if I ignore the Court Bailiff and take no action?

If you do not complete the Attachment of Earnings form (N56), the Court may summon you to a hearing to explain why you have not completed it.

If you fail to attend the hearing a Judge may issue a Warrant of Committal which may result in your arrest and imprisonment.

We would prefer to avoid this action from taking place, and ask that you complete and return the Court documentation or contact our office on 01925 426100 to discuss your account.

What if I am not working?

It is important that you contact our office to let us know, or complete the Court documentation informing them that you are not working. If you contact our office, we can make the Court aware of your situation and set a repayment arrangement with you directly.

You should not ignore (see above) the Court form if you are not currently employed.

Will my employer find out about this?

Not necessarily. You can request that a Suspended Attachment of Earnings Order is granted on your Court form, however this is ultimately the decision of the Court.

However, if you fail to complete and return the Court documentation within the eight day timeframe, your employer could also be contacted to provide details of your income.

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