Objecting to attachment of earnings order

Hello there. I am Gemma, a legal assistant here at Lawyer Destroyer. I would be happy to explain how an attachment of earnings order works and what your options are.

What is an attachment of earnings order:

An attachment of earnings order is a way for a creditor to collect a debt you owe them after they have already taken you to court and obtained a judgment against you. The court sends an order directly to your employer, instructing them to take regular deductions from your wages to pay off your debt. The money is sent to the court, which then passes it on to the person or company you owe.

How the deductions are worked out:

The court will not just take whatever the creditor asks for. They will look at your income and living costs to figure out two important figures. First is your protected earnings rate. This is the minimum amount of money the court decides you need to keep to cover your essential living costs like rent, food, and bills. The court will not let your take-home pay drop below this amount. Second is the normal deduction rate. This is the amount that will be taken from your wages to pay off the debt, provided taking it does not dip into your protected earnings.

Can you object to the order:

Yes, you can object or ask for changes, but your options will depend on what stage the process is at and what your specific concerns are.

Asking for a suspended order:

When you receive the initial paperwork from the court warning you about the order, you can ask the court to suspend it. This means the order is paused and not sent to your employer, on the condition that you agree to make regular payments directly to the creditor yourself. This is a very common approach if you are worried about your employer finding out about the debt or if it might affect your job. You must keep up with the agreed payments, otherwise the creditor can ask the court to activate the order and send it straight to your employer.

Objecting to the amount:

If the court has already made the order and you feel the deduction is too high, you generally have 14 days from the date of the order to object. You will need to write to the court explaining why the deduction leaves you with too little to live on, providing evidence of your income and essential outgoings. A judge will then review your case and may change the rates.

Challenging the original debt:

If you did not know anything about the debt until you received the attachment of earnings paperwork, a simple objection to the wage deductions will not cancel the debt itself. You would need to look into a separate process called setting aside the original court judgment. This usually requires showing you did not receive the original court papers and that you have a genuine defence against the claim.

Practical next steps:

Here is what you can do right now to deal with the situation:

1. Fill in the paperwork promptly. If you have just received a Form N56 from the court, which is a statement of your means, it is very important that you fill it in accurately and return it within eight days. It is an offence not to return this form or to give false information.

2. Provide clear evidence. When you fill in your living costs, be honest and thorough. Include copies of evidence like recent payslips, bank statements, and utility bills so the court can see exactly what you need to live on.

3. Tick the suspension box. If you do not want your employer involved and you can afford to make regular voluntary payments, make sure you tick the box on the N56 form asking for a suspended order, and offer a realistic monthly payment amount that you can truly afford.

4. Act quickly on existing orders. If an order has already been finalised and the deduction is simply too high, write to the court within 14 days of the order date to ask for the rate to be reconsidered.

I hope this helps make things a bit clearer for you. Let me know if you need help understanding any of the specific court forms or if you have questions about how to fill out your income and outgoings.