Attachment of earnings order: how it works

An attachment of earnings order is a Court order that forces an employer to deduct money from someone's wages and pay it directly to you. It's one of the most reliable ways to enforce a CCJ against someone who's employed.

How does it work?

Once you have a CCJ and the debtor isn't paying:

1. You apply to the court for an attachment of earnings order
2. The debtor completes a financial statement showing their income and expenses
3. The court calculates how much they can afford to pay
4. Their employer is ordered to deduct that amount each payday
5. The employer sends the money to the Court, which forwards it to you

The debtor has no choice, their employer must comply with the order.

When to use attachment of earnings

Ideal for:

• Employed debtors with regular wages
• When bailiffs have failed (debtor has no assets to seize)
• When you want regular monthly payments
• Long-term debts where steady recovery is acceptable

Not suitable for:

• Self-employed people (no employer to issue the order to)
• Unemployed debtors
• Company directors paid through dividends
• When you need a lump sum quickly

How to apply

Step 1: Get the form Apply using form N337 (Application for an attachment of earnings order).

Step 2: Pay the fee The court fee is £135 (added to the debt).

Step 3: Submit to the court Send the form to the court that issued the CCJ.

Step 4: Court contacts the debtor The debtor must complete form N56 (Statement of means) disclosing their income and outgoings.

Step 5: Court makes the order The court sets a "normal deduction rate" (regular monthly payment) and a "protected earnings rate" (minimum they must keep).

Step 6: Employer complies The employer receives the order and starts deducting.

How much gets deducted?

The court balances your right to be paid against the debtor's need to live. They consider:

• Gross and net income
• Essential expenses (rent, utilities, food)
• Other debts and court orders
• Number of dependants

Protected earnings rate: The minimum the debtor is allowed to keep. This is calculated based on their individual circumstances using court tables, not a fixed percentage.

Normal deduction rate: The regular payment to you. The amount varies based on income and outgoings.

Example: Someone earning £2,000/month net might have a normal deduction of around £100-200/month, though the exact amount depends on their circumstances.

What if they change jobs?

If the debtor changes employer:

• The old order stops
• You need to apply for a new order against the new employer
• There may be a gap in payments
• If they become self-employed, the order can't continue

The debtor must inform the court if they change jobs (failure to do so is contempt of court).

What if they're already paying other debts?

If there are multiple attachment of earnings orders:

• They're dealt with in date order (first come, first served)
• Each creditor gets a share based on the order
• Priority debts (council tax, child maintenance) come first

This can mean very small payments if the debtor has many debts.

Pros and cons

Advantages:

• Regular, predictable payments
• Employer must comply, not the debtor
• Hard for the debtor to avoid
• Continues automatically each month

Disadvantages:

• Only works for employed people
• Payments may be small
• Can take years to clear the debt
• Debtor can change jobs

Costs

The £135 fee is added to the debt, so the debtor ultimately pays it.

What if they don't comply?

If the debtor doesn't provide financial information: The court can issue a "penal notice" threatening imprisonment for contempt of court.

If the employer doesn't deduct: The employer is liable for the missed payments and can be fined.

If the debtor lies about income: This is contempt of court and can result in fines or imprisonment.

Alternatives to consider