Attachment of Earnings Orders

michael1983l

Can a court grant one in your abscence, if they have not been told who your current employer is. Can that obtain that info indirectly for example through the HMRC?

rizla_king

http://www.adviceguide.org.uk/england/debt_e/debt_action_your_creditor_can_take_e/creditor_takes_money_from_your_wages.htm#what_happens_when_your_creditor_applies_for_an_attachment_of_earnings_order

If your creditor makes an application for an attachment of earnings order, the court will send you court form N56. You must fill in this form, giving details of your financial circumstances.

These include your employer's details and whether you owe money to anyone else. You need to include your partner’s financial details too. You must return this to the court within eight days.

A court officer will use the information on the form to make an attachment of earnings order. If you don't give enough information on form N56, you may be asked to go to a hearing with a judge, which you should attend.

You can get help to fill in form N56 from an experienced debt adviser, for example, at a Citizens Advice Bureau. To search for your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
What happens if I don't return form N56

It is an offence not to send back form N56 or to give false information. If you don't send back the form the county court bailiffs will serve you with an order to fill it in. If you still don't return the form then you will be sent a notice to go to a court hearing to explain why you have not given the information you need to about your financial circumstances. You must go to this hearing. If you don't go to the hearing, the court can issue a warrant for you to be arrested and brought to court or even send you straight to prison for up to 14 days.

IMPORTANT!

If your creditor knows your employer's address, which they may already do from previous financial details you've given them, they can pass this information straight to the court. The court can go directly to your employer and ask them to provide details of your earnings if you don't return the N56 form to the court.

In some circumstances, your creditor can also apply to the court for an order to obtain information to find out more about your finances or to get your employer's details. You will have to go to court and swear on oath that the financial information you're giving is correct.

michael1983l

Short answer is not really then, only if I have given it previously or in letters.

heartbreak_star

That's interesting, I had 2 AoEs for council tax arrears without ever filling in N56.

Maybe CTax is different.

HBS x

michael1983l

heartbreak_star wrote: »

That's interesting, I had 2 AoEs for council tax arrears without ever filling in N56.

Maybe CTax is different.

HBS x

Council Tax non payment, is a criminal offence rather than a civil offence so might have differing rules.

rizla_king

Council tax and county court attachments are done differently. Different court. Different system and forms.