Civil Debt (Procedures) Act 2015

Attachment of earnings order

10. (1) The court may, on an application under section 6 and in accordance with this section, make an order directing an employer of the judgment debtor to—

(a) deduct from the judgment debtor’s earnings, at such times as are specified in the order, periodical deductions of such amounts (specified in the order) as may be appropriate, having regard to the normal deduction rate and the protected earnings rate specified in the order, and

(b) pay the amounts so deducted, at such times as are specified in the order, to the judgment creditor.

(2) Before deciding whether to make or refuse to make an attachment of earnings order, the court shall give the judgment debtor concerned an opportunity to make representations, including representations relating to whether the judgment debtor is a person to whom earnings fall to be paid.

(3) For the purposes of making an order under this section, the court shall assess, having regard to the statement of means furnished by the judgment debtor—

(a) the rate, not exceeding the rate that appears to the court to be necessary for securing payment within a reasonable period of the judgment debt and any costs of an application under section 6 in respect of the judgment debt concerned, at which the court considers it reasonable that the earnings to which the order relates should be applied in satisfying the judgment debt (in this section referred to as the “normal deduction rate”), and

(b) the rate below which, having regard to the needs of the judgment debtor and his or her particular circumstances, the court considers it proper that the relevant earnings should not be reduced by a payment made in compliance with the order (in this section referred to as the “protected earnings rate”).

(4) The court shall not make an attachment of earnings order unless it is satisfied that—

(a) the judgment debtor is a person to whom earnings fall to be paid, and

(b) having regard to the normal deduction rate and the protected earnings rate to be specified in the order, compliance with the order will leave a sufficient amount to the judgment debtor to maintain himself or herself and anyone dependant on him or her.

(5) An attachment of earnings order may direct that the costs of an application under section 6 in respect of the judgment debt concerned be included in the relevant total amount.

(6) An attachment of earnings order shall specify the following particulars:

(a) such information as the court has in its possession as would assist the employer in identifying the judgment debtor;

(b) the amount of the judgment debt that remains due;

(c) the relevant total amount;

(d) the appropriate amount, having regard to the normal deduction rate and the protected earnings rate, that is to be periodically deducted from the judgment debtor’s earnings;

(e) the normal deduction rate and the protected earnings rate;

(f) the frequency at which the amount referred to in paragraph (d) is to be deducted;

(g) the name and address of the judgment creditor to whom the amounts are to be paid;

(h) the date on which the order shall cease to have effect.

(7) Payments under an attachment of earnings order shall be in lieu of payments of the like amount under the relevant judgment that have not been made and that, but for the attachment of earnings order, would fall to be made under the judgment.