Attachment of Earnings Order: What It Means in Plain English
An attachment of earnings order is a court order that tells an employer to take money from wages to pay a debt or maintenance. Here is what it means and what people commonly ask.
If you are searching for attachment of earnings, you are probably trying to understand how money owed under a court order can be collected. This guide explains it in plain English.
This article shares general community observations. It is not legal advice. Please speak to a qualified legal professional about your own situation.
Attachment of earnings in simple terms
An attachment of earnings order is a court order that directs an employer to deduct money from someone's wages and pay it to the court, as set out in the order. It is one of several ways a court order for payment can be enforced.
The family court can make one to secure payments under a maintenance order. The county court can make one to secure a judgment debt of £5 or more.
When is it used?
People most often encounter it where:
- a person has not paid money they were ordered to pay;
- regular payments, such as maintenance, have fallen behind;
- the person is employed, so there is a wage to deduct from.
For maintenance, the person applying does not have to show that payments have been missed. The Act says that requirement does not apply to maintenance orders. For other debts, missed payments are usually the starting point.
It generally applies to people in employment. The Act counts wages and salary (including bonuses, commission and overtime), pensions and statutory sick pay as earnings. It does not cover benefits or tax credits. Other enforcement routes exist for people who are self-employed or not working.
If you are chasing maintenance arrears, be aware that arrears which became due more than twelve months before you start enforcement proceedings need the court's permission to enforce.
How does it usually work?
- An application is made to the court. For a debt this is usually after payments have been missed.
- The paying person may be asked to provide details of income and outgoings.
- The court decides whether to make an order and how much should be deducted.
- The employer is told to make deductions from each pay packet and send them on to the court.
Other enforcement routes people mention
- Attachment of earnings: deductions from wages
- Warrant of control (bailiffs): goods may be taken and sold
- Charging order: a charge placed on property
- Third party debt order: money taken from a bank account
Which route suits a situation depends on the facts and the type of order.
Questions litigants often ask
Will my employer find out? If an order is made, the employer has to be told in order to make the deductions.
Is there a limit on deductions? Yes. The court sets two figures. The normal deduction rate is the amount to be taken each pay period. The protected earnings rate is the level below which the court thinks pay should not be reduced, having regard to the person's resources and needs. If a person's earnings for the period are at or below the protected figure, the employer makes no deduction.
Where to go next
- Look up the term in our glossary.
- Try Start Here to find your stage in the process.
- Read about McKenzie Friends.
Sources
- Attachment of Earnings Act 1971, sections 1, 3, 6 and 24 and Schedule 3
- Matrimonial Causes Act 1973, section 32
- Form D50K, Notice of application for enforcement by such method of enforcement as the court may consider appropriate
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