Attachment of earnings form

Wolvesfan1234

I've had this form .I am not to worried about it apart from the fact it was sent 10 days ago. So returning it tomorrow.

One question is I have .if the company who holds the ccj does not know my employer then how will the court know if I don't put that on the form....

No myths or hunches please ..just want someone who knows the answer for sure....

Also will it be much of a problem if it's sent back a week late.....

sourcrates

Once your creditor applies to the court for an AEO you will be sent an N56 form. You must fill out this form and return it within eight days, along with a copy of your most recent wage slip.
You will need to fill out details about your employment and financial circumstances, including income and expenditure.


The court will ask you to pay the amount owed in full. If you cannot afford this, you will need to fill in the form saying as much and send it back to the court. If you have received a N56 form, you MUST fill this in and return it as soon as possible.
When you fill out the form you can make an offer of payment to prevent the application of an AEO. If this is accepted, you make the agreed payments to your creditors and your employer is not notified. Deductions will be made at the rate of payment decided by the court as reasonable.


If your offer of payment in the N56 form is rejected the AEO may be applied, and this decision is down to the court. The court will contact your employer to arrange the payments. These will be taken directly from your salary each time you are paid.
Your employer must by law deduct the monies from your wages and make payments to the creditor up until the time the debt is paid off, at which point you will resume receiving your full wage.


Failure to return the form, or to complete it correctly, will result in the court sending a County Court bailiff to issue the form by hand. If you fail to return the form after that and the court believes you have received the form, a warrant of arrest could be issued against you.

A bailiff will be sent to collect you and may take you to the court to fill in the form or explain why you have not provided the information asked of you.
You must attend this hearing. If you don’t the court can issue a warrant for your arrest and attendance at court, or they can even send you to prison for up to 14 days.

Wolvesfan1234

Thanks

I am not sure if I was clear enough in my question

"One question is I have .if the company who holds the ccj does not know my employer then how will the court know if I don't put that on the form...."

Which is all I am trying to establish

iolanthe07

how will the court know if I don't put that on the form...."

But you have to put it on the form. It's not optional. Refusing to give the court information that it has asked for could be regarded as contempt and will land you in deep poo.

EssexHebridean

Wolvesfan1234 wrote: »

Thanks

I am not sure if I was clear enough in my question

"One question is I have .if the company who holds the ccj does not know my employer then how will the court know if I don't put that on the form...."

Which is all I am trying to establish

They'll notice the glaring great gap where your employer's details should be...

Sourcrates' response sets out the process you need to follow admirably clearly, I'd suggest. Be VERY careful about trying to pretend that you're not employed if you are, or giving wrong details as well - contempt of court or perjury are NOT phrases you want to hear directed at you, trust me.

StopIt

Wolvesfan1234 wrote: »

Thanks

I am not sure if I was clear enough in my question

"One question is I have .if the company who holds the ccj does not know my employer then how will the court know if I don't put that on the form...."

Which is all I am trying to establish

Because lying to a court is a criminal offence.


A CCJ is a civil recovery procedure of course, but contempt of court is most certainly not.


The courts will get the information either way. They prefer it from you without having to send someone around to get you.

sourcrates

Wolvesfan1234 wrote: »

Thanks

I am not sure if I was clear enough in my question

"One question is I have .if the company who holds the ccj does not know my employer then how will the court know if I don't put that on the form...."

Which is all I am trying to establish

Let’s be crystal clear about this from the off.

It is an offence not to send back form N56 or provide false information, so do not even be tempted to do either.

If you don’t send back the form the county bailiffs will serve you with an order to fill it in.

If you still fail to send back the required information then you will be sent a notice to appear in a court hearing to explain why you have not provided the information you are required to about your financial circumstances.

You MUST absolutely attend this hearing – although in all honesty you shouldn’t have let it get this far.

If you don’t rock up for your hearing the court can issue a warrant for your arrest and you can be dragged to court or even sent straight to prison at Her Maj’s pleasure for up to 14 days.

It is no laughing matter.

If your creditor has your employer’s address, which they could well do from details you’ve already given them, they can pass this information straight onto the court.

The court is then able to go directly to your employer to ask them to provide details of your earnings if you fail to return the N56 form back to the court.

It’s very possible in some circumstances for your creditor to apply to the court for an order to obtain information to find out more about your finances or obtain your employer’s details.
You will have to go to court to swear on oath that the financial information you are providing is correct and true.

Wolvesfan1234

Thanks for the advice

I am self employed and my part time PAYE employment finishes next month so the attachment of earnings order will fail i have been reliably advised.

Thanks for your reply

Quentin

Enforcement of a ccj isn't limited to an attachment of earnings - eg the creditor can get bailiffs in - and all costs of the enforcement get added to the amount you owe

Wolvesfan1234

Quentin wrote: »

Enforcement of a ccj isn't limited to an attachment of earnings - eg the creditor can get bailiffs in - and all costs of the enforcement get added to the amount you owe

I realise this, the debt company sued me for over 7K

I live in rented accommodation and have nothing to take anyway, Not worried about bailiffs or such like, the fact i am finishing my part time work soon means the issue is resolved.

It was just the wording on the court form that concerned me at the time.

Unlikely to work as an employee any further at my age, quite happy being being self employed.

System

Wolvesfan1234 wrote: »

I realise this, the debt company sued me for over 7K

I live in rented accommodation and have nothing to take anyway, Not worried about bailiffs or such like, the fact i am finishing my part time work soon means the issue is resolved.

It was just the wording on the court form that concerned me at the time.

Unlikely to work as an employee any further at my age, quite happy being being self employed.

You seem to have quite a disgusting attitude TBH. Your opinion is you've decided you're not going to pay it and you're willing to outright lie to the point of contempt of court in order to not have to pay it.

People like you who say they have nothing to take away usually always have something. Finishing part time work doesn't mean the issue is resolved. Get any income related benefits? The creditor can apply for an AOE order on those.

As for hiding income, the courts have the ability to access bank accounts and HMRC records and like the Border Agency and DWP just because you don't declare those accounts doesn't mean they can't find them.

If it ultimately comes to it then the creditor can petition for you to be declared bankrupt and then you'll find things like the gas/electric company will be putting you on a token meter and new suppliers may not want your business, you'll not be able to get a new mobile phone contract, you may find your tenancy agreement not renewed or if you want to move that you can't because you'll fail credit checks. A CCJ will also result in some of those happening as well.