Pre-6 April 2016—attachment of earnings to enforce a judgment debt under CCR Ord 27 [Archived]
Pre-6 April 2016—attachment of earnings to enforce a judgment debt under CCR Ord 27 [Archived]

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

  • Pre-6 April 2016—attachment of earnings to enforce a judgment debt under CCR Ord 27 [Archived]
  • How does an attachment of earnings order work?
  • When you cannot obtain an attachment of earnings against the judgment debtor
  • Which court has jurisdiction to order an attachment of earnings?
  • High court
  • County court
  • Steps the creditor should take before applying for an attachment of earnings
  • Is the debtor unemployed?
  • How to apply for an attachment of earnings order
  • What should the judgment debtor do when an application for an attachment of earnings has been made against them?
  • More...

NOTE: THIS PRACTICE NOTE IS FOR HISTORICAL REFERENCE ONLY.

It considers the attachment of earnings regime under CCR Ord 27 prior to 6 April 2016 and the introduction of CPR 89. For all attachment of earnings applications made on or after 6 April 2016, apply under CPR 89. See Practice Note: Attachment of earnings orders—what are they and when to use them and related content.

A judgment creditor can seek to enforce their judgment debt by applying for an attachment of earnings order (AE Order) which, in effect, directs the judgment debtor's employer to pay a certain portion of the judgment debtor's salary or wages to a collecting officer for payment on to the judgment creditor. Attachment of earnings orders are governed by CCR Ord 27 and the Attachment of Earnings Act 1971. They are not hugely popular as an effective means of judgment enforcement, however, the threat of seeking an AE Order can sometimes be sufficient to prompt an unwilling judgment debtor to pay up rather than have their employer aware of judgment debts against them.

How does an attachment of earnings order work?

If a judgment debtor is an individual and employed, the judgment creditor can apply for an order to enforce his judgment against the debtor's wages or salary. This is known as an Attachment of Earnings Order (AE Order). The provisions are set out

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