County Court Enforcement – Attachment Of Earnings

If your CCJ was favourable and your debtor is still attempting to avoid payment then you may file for an Attachment of Earnings to recoup your losses directly from the debtor’s wages. This is, however, not a guaranteed path to recovering your money, as if your debtor’s income is low the Attachment of Earnings may not proceed.

Once you have obtained a judgment in your favour, and you choose to use the Attachment Of Earnings route to enforce your collection, you need to use this form. This link takes you to the Court Website which enables you to download the Form that you need to send to the court, and also Associated Leaflets to help you fill in and understand the process and fees. There are also links on the Right of the page to view the same documents.

You can apply for an attachment of earnings provided:

  • the defendant has not paid the judgment or if the debtor is behind on their payments ordered on the judgment;
  • the defendant is in full-time employment;
  • the defendant is a private individual;
  • the amount outstanding is more than £50.

The court will obtain a Statement of Means from the defendant. The Statement of Means will tell the court how much the defendant needs to cover regular bills and how much they earn. Unfortunately, if the defendant’s income is low it is likely that the Attachment of Earnings will not be successful. Otherwise, the court will decide on the amount at which payments are to be made by the employer.

If the application is unsuccessful, there are still other options available to you.

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