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Procedural guide—attachment of earnings

Procedural guide—attachment of earnings This Procedural Guide sets out the steps to be taken on an application for an attachment of earnings order under the Attachment of Earnings Act 1971 (AtEA 1971) and the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 39 to enforce a maintenance order by the deduction of money directly from the debtor’s earnings. It includes guidance on who may apply, arrears that are more than 12 months old and the duties of the employer and the debtor. If a judgment debtor is an individual and is employed, the judgment creditor may apply for an order to enforce the judgment against the debtor's wages or salary. This will require the employer to deduct periodic amounts from the debtor's salary and pay them to the court. This is known as an attachment of earnings order (AEO). See also Practice Note: Attachment of earnings order. FPR 2010, SI 2010/2955, Pt 39 applies to any proceedings commenced, but not disposed of, before 6 April 2016 (when amendments to...

Local authority bailiff referral—checklist

Local authority bailiff referral—checklist Coronavirus (COVID-19): Note that pursuant to the Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020, SI 2020/451, in force from 25 April 2020, restrictions have been imposed on a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and to prevent enforcement agents taking control of goods. For further information, see Practice Note: Coronavirus (COVID-19)—implications for property [Archived] — Restrictions on taking control of goods (including the exercise of CRAR). What steps should be taken before instructing an enforcement agent? • Ensure that a demand is made for the sums outstanding • If no payment is made on or before the due date then send a reminder letter • If again no payment is made send a second reminder letter • A final reminder should then follow • Application to magistrates' court for authorisation to issue a summons • Liability order hearing • Costs can be added by the local authority for issuing a summons and for obtaining a liability order...

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

NOTE: THIS PRACTICE NOTE IS FOR HISTORICAL REFERENCE ONLY.It considers the attachment of earnings regime under CCR Ord 27 prior to 6 April 2016 and the introduction of CPR 89.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: How to apply for an attachment of earnings order 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...

How to apply for an attachment of earnings order

What is an attachment of earnings order?A judgment creditor can seek to enforce their judgment debt by applying for an attachment of earnings order (AEO) 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. AEOs are governed by CPR 89 and the Attachment of Earnings Act 1971 (AtEA 1971).An AEO operates as an instruction to the debtor’s employer to:•make periodical deductions from the debtor’s earnings at such times as the court may require, and•pay those amounts to the collecting officer identified in the order. The collected sums are passed on to the judgment creditorThe mere threat to attach a judgment debtor's earnings can sometimes persuade the debtor to find the means to pay the debt as they may not want their employer to know about their personal financial circumstances.When can you apply for an attachment of earnings order?In order to apply for an AEO you will need the...

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Income payments agreement under section 310A of the Insolvency Act 1986

Income payments agreement under section 310A of the Insolvency Act 1986 This Income Payments Agreement is made between: 1 [FULL NAME] of [ADDRESS] (the Bankrupt) 2 [FULL NAME] of [FIRM AND FIRM’S ADDRESS] acting as [joint] trustee of the Bankrupt’s estate, including any successor[s] in office, without personal liability (the Trustee) Background (A) On [DATE], a bankruptcy order was made against the Bankrupt in the [COURT] under case number [CASE NO], and on [DATE] the Trustee was appointed to act as trustee of the Bankrupt’s estate. (B) The Bankrupt has provided to the Trustee a statement of their monthly income and expenditure and, having had regard to the reasonable domestic needs of the Bankrupt and [his OR her OR family, the Trustee considers that the Bankrupt has surplus monthly income that can be claimed for the benefit of the Bankrupt’s estate. (C) The Bankrupt has voluntarily agreed to pay [a proportion of] that surplus income to the Trustee under this Agreement made pursuant to section...

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Can a court in England and Wales make an attachment of earnings order in relation to a party who is employed in Singapore? What is the process to enforce an order made in this jurisdiction via Reciprocal Enforcement of Maintenance Order or the Lord Chancellor where a defaulting party resides and works in Singapore?

Can a court in England and Wales make an attachment of earnings order in relation to a party who is employed in Singapore? What is the process to enforce an order made in this jurisdiction via Reciprocal Enforcement of Maintenance Order or the Lord Chancellor where a defaulting party resides and works in Singapore? In England and Wales, the provisions as to an attachment of earnings order are set out in the Attachment of Earnings Act 1971 and the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 39. Both provisions appear to be silent as to enforcement against an overseas employer and overseas earnings by the method of attachment of earnings. It would appear, therefore, that the appropriate method of enforcing a maintenance order made in this jurisdiction against a debtor working and living in another jurisdiction is via the Reciprocal Enforcement of Maintenance Order (REMO) process, and that attachment of earnings as a method of enforcement applies only to a debtor employed in this...

A judgment debtor sells a property that was subject to an interim charging order. The interim charging order was protected by a Form K restriction at HM Land Registry and the buyer’s solicitor complied with the terms of the restriction by giving notice to the judgment creditor. What remedies are available to a judgment creditor?

A judgment debtor sells a property that was subject to an interim charging order. The interim charging order was protected by a Form K restriction at HM Land Registry and the buyer’s solicitor complied with the terms of the restriction by giving notice to the judgment creditor. What remedies are available to a judgment creditor? Pursuant to section 3(4) of the Charging Orders Act 1979, a charging order ‘shall have the like effect and shall be enforceable in the same courts and in the same manner as an equitable charge created by the debtor by writing under his hand’. Thus, a charging order provides in effect that an unpaid judgment creditor is afforded the status of an equitable charge holder and is afforded some security for the unpaid debt. That being said, judgment creditors are often surprised by the limited protection actually afforded to a charge holder who has entered a standard form restriction on the debtor’s property. In this scenario, you mention that the charge was registered...

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Minutes of the CPR Committee meeting—6 November 2020

Dispute Resolution analysis: The minutes of the CPR Committee (CPRC) meeting of 6 November 2020 (held via video conference due to the coronavirus (COVID-19) pandemic) cover a number of areas including, unspecified claims, various Lacuna Sub-Committee items, consequential amendments to the CPR following the reforms to the procedure for contempt proceedings under CPR 81, coronavirus and court recovery, whiplash reform, part 36 offers, the Civil Justice Council’s report on vulnerable witnesses and parties in proceedings, and competition related changes post Brexit.

Minutes of the CPR Committee meeting—4 October 2019

Dispute Resolution analysis: The Minutes of the CPR Committee (CPRC) meeting of 4 October 2019 cover a number of areas including the changes proposed by the Housing Sub Committee (including changes to certain Pre-Action Protocols, CPR 55.11, CPR 55.12, and Forms N5B), the HMCTS Legal Adviser Pilot (CPR PD 51T), the Forms Sub Committee report (including discussion of Form N110A, Form N56 and Form N379, as well as preparations for a no deal Brexit), the Contempt Sub Committee review of CPR Part 81, the Witness Translation Sub Committee review and proposed amendments to CPR PD 32, budget variation (CPR PD 3E), implications of the Health Service Safety Investigations Bill, the consultation on the Credit Hire Model Directions and associated amendments to CPR PD 16, changes to CPR PD 52A and CPR PD 2B concerning routes of appeal, the Lacuna Sub Committee report and other business.