Attachment of Earnings Solicitors in Milton Keynes & Northampton

If a debtor is employed and refuses to pay a court-ordered debt, an Attachment of Earnings Order allows creditors to recover the money directly from their wages. At Franklins Solicitors LLP, our debt recovery team is experienced in applying for and enforcing these orders effectively.

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Attachment of Earnings

What Is an Attachment of Earnings Order?

An Attachment of Earnings Order is a court order requiring a debtor’s employer to make deductions from the debtor’s salary. These deductions are used to pay off the outstanding debt in instalments, which are sent directly to the creditor.

This method applies only when:

  • The debtor is employed (not self-employed)
  • The debtor earns enough to meet minimum threshold requirements
  • The employer is based in England or Wales

What Can Be Deducted?

The order can apply to:

  • Wages or salary
  • Overtime and commission
  • Bonuses and fees
  • Statutory Sick Pay
  • Occupational pensions

Not covered: Self-employment income, universal credit, benefits, or state pensions.

How Is the Deduction Amount Calculated?

The court assesses the debtor’s financial situation, including:

  • Income level
  • Number of dependants
  • Essential living expenses

The court sets a Protected Earnings Rate, a minimum amount the debtor must be left with. Deductions can only be made from income above this amount.

Key Considerations

  • If the debtor changes employer, the process must be restarted.
  • A debtor can apply to suspend the order due to financial hardship.
  • If payments are consistently missed, further enforcement options may be considered.

Why Choose Franklins?

At Franklins Solicitors LLP, we:

  • Submit the application efficiently with all necessary information
  • Liaise with the court to monitor the status of the order
  • Keep you informed at every stage
  • Advise on alternative or additional enforcement methods if necessary

Contact Franklins Solicitors about Debt Recovery

We will provide an appraisal of the situation and honest advice to help you reach the best possible outcome. Contact our debt recovery team today.

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Frequently Asked Questions about Attachment of Earnings

What is meant by attachment of earnings?

An attachment of earnings order may be made in respect of wages, fees, bonuses, commission, overtime, statutory sick pay and occupational pensions payable under a contract of service. Monies are directed straight from an employer to pay back a debt.

Can you refuse an attachment of earnings?

An individual can make a request to the cout to suspend an attachment of earnings order if they have valid reason – perhaps because bills won’t be paid.

How long does attachment of earnings last?

An attachment of earnings order can last for as long as is needed for the debt to be paid.

How do you challenge a direct earnings attachment?

A request to the court to suspend an attachment of earnings order can be made if the debtor will be under financial hardship.

How do I pay an attachment of earnings?

An attachment of earning order will apply automatically to earnings. The debtor’s employer will pay the sum directly from an employees pay to satisfy the court order.

Contact the Franklins Attachment of Earnings team

If you have any questions about attachment of earnings, please don’t hesitate to contact our team of experts who are on hand and ready to help you.