Kiteleys Solicitors

Kiteleys Solicitors. 7 St. Stephen's Court, 15-17 St. Stephen's Road, Bournemouth, Dorset. BH2 6LA. Telephone 01425 278866.
Kiteleys Solicitors is the trading style of Kiteleys Solicitors Limited registered in England and Wales, registered number 03113721. VAT Registration No: 658 8813 79.
This firm is authorised and regulated by the Solicitors Regulation Authority. A list of directors is available for inspection at our registered office.

How to get an attachment of earnings order

  • Call us now on 01425 278866
    • Kiteleys Canford Cliffs 01202 708634
    • Kiteleys Highcliffe 01425 278866
    • Kiteleys Southampton 02380 909091
    • Kiteleys Wimborne 01202 849242
    • Kiteleys Ferndown 01202 875646
    • Kiteleys West Moors 01202 863933
    • Kiteleys Boscombe 01202 393506

An attachment of earnings order is a method by which money owed to you can be taken from the Debtor’s wages. To apply for an attachment of earnings order you will need to complete Form N337 “request for an attachment of earnings order”, you can find this form at hmctsfirmfinder.justice.gov.uk.

 

This method is only suitable if the debtor:

  • Owes more than £50
  • Is behind on at least one payment
  • Is employed
  • Is not self-employed
  • Is not in the armed forces
  • Is not a limited company

The amount taken from the Debtor’s wages will be in a specified sum determined by the Court based on the Debtor’s income and expenditure.

 

How to determine if the debtor is in employment

If you are unsure if the debtor is in employment before applying for an attachment of earnings order you can do one of the following:

  • Ask for an order to obtain information to allow the debtor to be questioned
  • Search the attachment of earnings index in the debtors home area
  • The court will be able to use this index to see whether the debtor has any other attachment of earnings orders against them
  • If the debtor already has an attachment or earnings order against them you can ask the court to consolidate the debt with the pre-existing order

Form N337

Once the form has been completed this needs to be sent to the court which covers the debtors home enclosing the correct fee. For the correct fee please see the Civil and Family Court Fees Leaflet (EX50) which can be found at hmctsformfinder.justice.gov.uk.

Once the court has received the form and fee it will then issue the attachment of earnings order.

 

If the judgment had been received through another court which is not the debtors home court the courts will arrange for it to be transferred.

 

Should you wish to receive confirmation that the request has been dealt with and would like to know the attachment of earnings number, you must enclose a stamped addressed envelope to the court.

 

You must tell the courts immediately if you receive payments from the debtor after you have sent your request to the court.

 

What happens after the request has been sent to the court?

The court will give the debtor one of the following options:

  • Pay the whole of the outstanding amount
  • Fill in a statement of means detailing their employment, income and expenditure

What if the debtor does not return their statement of means?

An enforcement officer from the court will serve a further order on the debtor informing them that they must fill in the form.

 

If the debtor still fails to return the form, and the judge believes the debtor has notice of the application, a warrant to arrest the debtor may be made. After the warrant has been made the enforcement agent will arrest the debtor and bring them to the court to complete their statement of means.

 

How is the information from the statement of means used?

An officer of the court will review the statement and from this will determine how much the debtor can pay each month from their earnings.

 

Things that the court office will take into account can include, but are not limited to:

  • Rent/mortgage
  • Utility bills
  • Essentials, such as food

The court will then send the order to the debtors employer stating when to take the money and how much to take.

If the debtor does not want their employer to know and the court agrees they will order the debtor to make regular payments to you.

After the order has been made

Once the order has been made, the Centralised Attachment of Earnings Payment System (CAPS) in Northampton will send you the money received from the debtor every week or month, depending on how the debtor is paid.

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Kiteleys Solicitors. 40 Haven Road, Canford Cliffs, Poole, Dorset. BH13 7LP. Telephone 01425 278866.
Kiteleys Solicitors is the trading style of Kiteleys Solicitors Limited registered in England and Wales, registered number 03113721. VAT Registration No: 658 8813 79.
This firm is authorised and regulated by the Solicitors Regulation Authority, SRA ID 401309. A list of directors is available for inspection at our registered office.