Attachment Of Earnings

What is Attachment of Earnings Order?

An attachment of earnings order instructs the defendant’s employer to stop money from their wages to pay back the debt.

The employer will send the payments directly to the court and the court will send the money to you. The employer will make an administrative charge of £1 for each deduction as well as whatever the court decides the defendant should pay.

To work out how much the defendant can afford to pay you, the court works out the minimum amount of money the defendant needs to live on. This is called the protected earnings rate.

The amount the defendant owes you can only be taken out of the money they earn above this amount. If they earn less money one week or month, the amount they pay you will be less, as their income cannot fall below what has been set by the court.

You will be unable to acquire an attachment of earnings order if:
   The amount you are owed is less than £50, or
   The defendant’s take-home pay is always below the protected earnings rate.

If you get an attachment of earnings order, it will show both the amount of the weekly or monthly deductions to be made by the employer to you, as well as the protected earnings rate the court has set for you.

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