Attachment of Earnings & bailiff serving form N61

spacecommander
spacecommander Posts: 39 Forumite
edited 15 September 2009 at 9:28AM in Debt-free wannabe
I started a thread earlier regarding a problematic ccj I have, and how due to the length of time which had passed, I wasn't sure what had been going on.

Anyway, I've found out today whats happening, and I'm pretty worried.

The local county court have confirmed that papers & form N61 are with the county court bailiff to be personally served on me (when....I don't know). They are going for an attachment of earnings. Not sure how they're going to do that when I had to give up work to look after my daughter.

They wouldn't give me any details over the phone,but just said that the bailiff will require me to sign for them, and I have to return them within the stipulated time limit. (they didn't tell me how long).

Has anyone else ever experienced a form N61 form being served? Do i have to let the bailiff into my house?

I will be sending off form N245 tomorrow to the court in the hope the order can be varied to pay by installments - although I;m not hopeful.

I have no idea what to expect with this form, I understand it's important, but I have received nothing before this. Anyone have any experience of this?

thanks

Link to my earlier thread: http://forums.moneysavingexpert.com/showthread.html?p=25076657&highlight=ccj+high+court#post25076657

Comments

  • tealady
    tealady Posts: 3,846 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Mortgage-free Glee!
    Hi I would PM herbie21 who is an expert on bailiffs.
    Find out who you are and do that on purpose (thanks to Owain Wyn Jones quoting Dolly Parton)
  • Thanks for your reply, I've pm'd her now in the hope she can help.

    I've completed form N245 and will be sending it today (don't know if it will do much good though!).
    I'd like to include a letter also, which outlines my current circumstances, and the reasons why I had to give up work to care for my daughter.

    However, how do I address the letter? Sir/Madam - anything in particular I should put?! I have no idea, and want to get it right!

    Thanks
  • penguin83
    penguin83 Posts: 4,817 Forumite
    Part of the Furniture Combo Breaker
    Hi Spacecommander - the N61 is an order to complete a statement of earnings (N56) you have 8 days from the day it is served on you to return it - you can print off the form here that needs completing rather than wait for the bailiff to serve and once it is filed at court the N61 will be withdrawn. x x
    Pay Debt by Xmas 16 - 0/12000
    There is something about the outside of a horse that is good for the inside of a man.
  • Thank you so much for your reply, your explanation has cleared up a few things for me.

    I'll send the form off today, and hopefully I won't be jumping so much when the door goes.

    I'm also sending form N245 today, is it ok to send both? I'm not working, so the attachment of earnings seems a little pointless.

    thank you again.
  • penguin83
    penguin83 Posts: 4,817 Forumite
    Part of the Furniture Combo Breaker
    It is fine to send both - if you are unemployed the attachment will be dismissed anyway - don't forget to send either the £35.00 court fee or the fee remission with proof of benefit (if applicable) with the N245 though. There is no fee with the N56 so that can go back on its own x x
    Pay Debt by Xmas 16 - 0/12000
    There is something about the outside of a horse that is good for the inside of a man.
  • thank you for clearing that up. N245 is ready to go, it won't take long to do the other form as the details look pretty much the same.

    Thank you again for your help, it's really appreciated. xx
  • Hi herbie, thanks for your reply.

    The ccj is in relation to a credit card debt.

    Admittedly I have had dealings with council tax and bailiffs, however thats nearly paid off now, and I certainly will be ensuring I don't get into that position again!

    Thanks for taking the time to reply.
  • topcom
    topcom Posts: 24 Forumite
    I am a present applying for attachment of earnings from a person who owes me money. You yourself will be aware that that a court judgemet is made which has to be agreed by both party's. In order for the claimant to reach this point he/she will have to have paid court fees etc and the defendant does not pay anything of the costs but this sum is added on to the debt. In many cases it takes somewhile to trace the person because they move on leaving no forwarding address, and they are protected by the people who no where they are by the data protection act and the claimant spends time and money to track them down.

    Many Claimants give up because they don't think they will ever get their money. I support the those claimants who are prepared to use courts to recover their loss.

    I have no sympathy for those who use every trick, by cheating and lies to aviod paying their debts.

    This should be a Criminal and not a Civil matter.
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    Its an Order for Production of Statement of Means, you will have to fill all the details in or the could take further action
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Quick question: I to have received a letter in the post forwarded from my old address today that a County court Bailiff is to call and serve a N61.

    Moved to it's own thread.

    https://forums.moneysavingexpert.com/discussion/3406927
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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