Attachment of earnings orders—judgment debtor does not comply
Attachment of earnings orders—judgment debtor does not comply

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Attachment of earnings orders—judgment debtor does not comply
  • Attachment of earnings orders—what is required of the judgment debtor?
  • Judgment debtor fails to file a reply (statement of means)
  • Judgment debtor fails to attend an adjourned attachment of earnings hearing—suspending committal
  • Judgment debtor's non-compliance—proceedings under Attachment of Earnings Act 1971
  • Offences under the Attachment of Earnings Act 1971

Note: this Practice Note considers the attachment of earnings order (AE Order) procedure as provided in CPR 89 in force with effect from 6 April 2016. It applies to all applications for an AE Order made on/after 6 April 2016. CPR 89 replaces the (now obsolete) CCR Ord 27.

At the heart of the AE Order regime is the judgment debtor's co-operation in providing complete and accurate information to the court (and the judgment creditor) as to their financial means in order that the court can determine what portion of their earnings the employer should be directed to pay to a collecting officer for payment on to the judgment creditor.

CPR 89 and the Attachment of Earnings Act 1971 (AtEA 1971) make provision in the event that a judgment debtor fails to co-operate with the process. This Practice Note considers what happens where the judgment debtor either refuses to co-operate at all or provides incorrect information. As can be seen from the below, failure to comply can quickly escalate to the threat of imprisonment.

CPR 89 and AtEA 1971 also require the co-operation of the judgment debtor's employer (which includes any person 'appearing to be the debtor's employer') to provide such information (see Practice Note: Attachment of earnings orders—where and how to apply—Can you obtain details of the judgment debtor's earnings direct

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