Attachment of earnings

If you have fallen behind with payments to your county court judgment (CCJ), the creditor may ask the court for an attachment of earnings order.

This order allows the creditor to take instalments from your wages.

You will receive a ‘Form for replying to an attachment of earnings application’ (N56) from the court. This must be completed and returned within eight days with a copy of your most recent wage slip. Failure to reply can lead to a summons to go to court for questioning.

You can make an offer to pay a monthly instalment on the form and ask for the order to be suspended. If your offer is accepted, this means that you have avoided an attachment of earnings as long as you keep up with your payments. If your offer is accepted your employer will not be informed.

However, if the order is granted, the court will contact your employer and payments will be taken from your wage along with a £1 administration fee each time.

If you have received an N56 or you have missed payments on a CCJ, please use our online debt counselling service, or call our Helpline as it is important you receive urgent advice.

The magistrates’ court can also issue a similar attachment of earnings order if you cannot pay a magistrates’ court fine.

FAQs

Can an attachment of earnings take money from my benefits?

England and Wales > Creditor action > Court action

An attachment of earnings arising from a county court judgment cannot deduct money from any benefits or state pension.

If you have a magistrates’ court fine money can be taken from your wages or from benefits.

Can a court give an attachment of earnings order if I am self-employed?

England and Wales > Creditor action > Court action

You cannot receive an attachment of earnings order if you are self-employed as a sole trader or in a partnership.

An attachment of earnings order can be made against a wage you are paid from a limited company you own.

What happens if I change my job and I have an attachment of earnings?

England and Wales > Creditor action > Court action

If you change jobs while you have an attachment of earnings order, you must contact the court as soon as possible with details of your new employer.

If the attachment of earnings will cause problems with your new employer, you can apply to the court to suspend the order. This is done using court form N244, which is available from HM Court Service and there is a court fee.