What is an attachment of earnings order?
A court order requiring an employer to deduct money from an employee's wages and pay it to a creditor — one of the enforcement methods available after a judgment.
When it can be used. Generally after a county court judgment has been obtained and not paid. The creditor applies to the court, which orders deductions if it considers the debtor able to pay from earnings.
How the amount is set. The court determines a protected earnings rate — the amount the debtor needs to live on, below which deductions cannot reduce their pay. Deductions are taken only from earnings above that figure, and the court considers income and outgoings, which is why completing the court's financial statement accurately matters.
What the employer must do. Employers are legally obliged to comply, must make the deductions, may charge a small administrative fee, and must notify the court if the employee leaves. An employer who fails to comply can be penalised.
What this means in practice. Your employer learns about the debt, which is the consequence most people find hardest, and it is unavoidable once an order is made.
Who it does not work for: the self-employed, since there is no employer to serve; people not in employment; and certain categories including some members of the armed forces, for whom different procedures apply.
Similar orders that are frequently confused:
Deduction from earnings orders for child maintenance, made by the Child Maintenance Service rather than a court.
Direct earnings attachments for benefit overpayments, made by the Department for Work and Pensions without a court order.
Council tax attachments, made following a liability order, with deductions at prescribed rates.
How to avoid or vary one: respond to the original claim rather than ignoring it; apply to pay by instalments at an affordable rate, which the court will generally accept if the offer is realistic and evidenced; and apply to vary an existing order if circumstances change.
Suspended orders exist, where the order is made but not enforced provided agreed payments are maintained — worth requesting.
Free debt advice before a hearing materially improves outcomes, because the court's decision depends on the financial information presented.
General information, not legal advice.