Law guide: Complaints and disputes

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Attachment of Earnings Order

Attachment of Earnings Order

Attachment of Earnings Order

When a debtor is in employment the EJO can make an Order to deduct a regular sum of money from their salary. The debtor is given a 'protected earnings rate' after a report has been done on them to assess their means. The rate is based upon the individual debtor's circumstances and will include an allowance for the debtor, their partner, and any children. The office also allows for rental/mortgage payments and any rates. The Office will deduct any child benefit payment made for each child.

This rate therefore protects an amount of money that they need to live on; the excess amount can then be used to pay off a particular debt. However, the Attachment of Earnings Order does not exclude the EJO from issuing further enforcement orders; it is merely a means of ensuring regular payment towards a judgment/debt. Under certain circumstances, a debtor may be given the opportunity to object to the Order being made (normal objection period being 8 days) and if a written objection is received the case will be reviewed by a designated officer or in certain circumstance, listed before the Enforcement Master. After the hearing the terms of the order may be confirmed, suspended or varied according to the circumstance of the case.

Is there any fee attached?

There is no additional fee attached, as the order is covered by the fee paid with the full enforcement application.

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