Claire Sandbrook
The debtor is working – what are my options?
If your debtor is working for an employer then the court can send an attachment of earnings order to the debtor’s employer so that your debt is paid off by deducting regular sums from the debtor’s salary.
To start an application the creditor needs to fill out a form and send it to the debtor's local county court to apply for an attachment of earnings order. They also need to pay a court fee.
The court will tell the debtor if they plan to send an order to their employer. The court will send the debtor a form for replying to the application. The debtor will have to fill out this form with details of their income and spending.
The debtor can:
  • pay all the money owed straightaway; or
  • ask for the order to be stopped, and offer to make regular payments
If the attachment of earnings order goes ahead the court works out how much they can take after essential items like rent, food and bills.
If the debtor already has an attachment of earnings order, the court can choose to combine the orders to make a ‘consolidated’ order. The court splits the payment between all the creditors and charges £1 per payment for expenses. The debtor and any of the creditors can also apply for a ‘consolidated’ order.
To consolidate the orders, you’ll need all the case numbers and the names of the courts that issued them. Each county court has a register of attachment of earnings orders in their area which can be searched free of charge.
Further resources to assist you include:
Shergroup Enforcement also has a separate legal team who can also advise on all the other court based enforcement options.
If you would like more information on any aspect of enforcing your judgment please contact us on all our open channels