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Attachment of earnings

Wasn’t sure where to post this so hoping I’ll get some responses. 

I’ve been granted a ccj for someone who owes me close to £5k. It was granted by default as they didn’t respond to the small claim letter. First payment according to the court order has been and gone. No payment and no idea of when or if I’ll get anything. So next step I believe is attachment of earnings. Defendant has a fairly decent job, but only asset is a car, not worth a lot. I understand the defendant will be written to and they need to complete a form to provide details. My concern is, if they have been so unresponsive so far, it’s not really likely they will volunteer that information. Has anyone got any advice or info as to how the attachment of earnings can be enforced if they don’t comply? Is it correct that they can be arrested if they do not conform? Any advice or experience appreciated. 

Comments

  • This has everything you need to know about the attachment of earnings process and noncompliance.

    https://www.gov.uk/government/publications/ask-for-an-attachment-of-earnings-order-ex323

    FYI, this was literally the first link that popped up when I typed into Google How to Get an attachment of earnings… for future reference.
  • macman
    macman Posts: 53,128 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 August 2022 at 10:38AM
    Car is a much better bet if it's worth £5K and not on finance.
    AOE order is fine but if you get say £100 a month, it'll take more than 4 years to get the full debt repaid.
    One aspect of an AOE order is that many people might find the prospect of their employer finding out that they have a CCJ less than appealng.
    No free lunch, and no free laptop ;)
  • molerat
    molerat Posts: 33,507 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    AOE is fine as long as it is sent to the correct place.   We used to get loads, I don't know where the office got our details from, for people we had never heard of with addresses in completely different areas of the country.
  • sourcrates
    sourcrates Posts: 30,611 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Plus, the payment you will get is based on certain criteria, one of which is affordability, if he has other priority debts, then you will be last on the list for payment.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • fatbelly
    fatbelly Posts: 22,139 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Wasn’t sure where to post this so hoping I’ll get some responses. 

    I’ve been granted a ccj for someone who owes me close to £5k. It was granted by default as they didn’t respond to the small claim letter. First payment according to the court order has been and gone. No payment and no idea of when or if I’ll get anything. So next step I believe is attachment of earnings. Defendant has a fairly decent job, but only asset is a car, not worth a lot. I understand the defendant will be written to and they need to complete a form to provide details. My concern is, if they have been so unresponsive so far, it’s not really likely they will volunteer that information. Has anyone got any advice or info as to how the attachment of earnings can be enforced if they don’t comply? Is it correct that they can be arrested if they do not conform? Any advice or experience appreciated. 
    Non-compliance with an aoe is one of the few things you can be jailed for in the world of debt. I've never known it happen as the possibility is enough for most people to comply.

    There's no set formula with a county court aoe so it hinges on his income/expenditure statement and what is accepted by the court.

    As a rule of thumb if there is enough to clear the debt in 3 years, so about £150 per month, then the aoe gets granted. If it doesn't get granted, feel free to post again, the debt-free wannabe board may be best
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