Old CCJ Attachment of earnings

Finefoot · 17 June 2018 at 5:08PM

Back in 2013, I had a CCJ registered against me.
I have now had an application for attachment of earnings form through the post. I am unemployed, in poor health, and no longer own a property. All my other debts were settled when my house was sold, but somehow this one slipped through the net.
my questions are:
How long is a debt enforceable? This was for a debt in 12/2009.
I have no income or assets, what do I put on this form?
Do I apply for it to be set aside?If so, how do I go about it?

Many thanks in advance.

[Deleted User] · 17 June 2018 at 5:28PM

You can ask for a set aside.

However you don!!!8217;t pay it they will reapply for a new one

molerat · 17 June 2018 at 6:06PM

The CCJ is enforceable for 6 years where they can use attachment of earnings or go to the high court to enforce. A set aside can only be used if you have sufficient reason for not defending the action at the time, have you ? If you have no earnings there is not a lot they can attach to is there.

Quentin · 17 June 2018 at 9:37PM

Assuming this is a proper court form then you must complete and return it within the short time allowed.

Failure to do so will result in you having to attend court.

Among their other enforcement options once they discover you are not employed is to use bailiffs so ensure that they know that will just be a further waste of their money.

Claimants costs in getting enforcement orders are added to your debt owing though of course if you have no assets to seize they cannot get paid at all!

nic_c · 17 June 2018 at 11:27PM

molerat wrote: »

The CCJ is enforceable for 6 years where they can use attachment of earnings or go to the high court to enforce. A set aside can only be used if you have sufficient reason for not defending the action at the time, have you ? If you have no earnings there is not a lot they can attach to is there.

Technically not true, don't think of this like stat barred. CCJ can be enforced after 6 years, but you need a good reason to the court why this wasn't done earlier

Finefoot · 18 June 2018 at 1:28PM

Many thanks everyone!
Iam returning the form today, as there is a VERY short window to return it. There isn't much space to write in the request for suspended order though.
I appreciate all the help.

Quentin · 18 June 2018 at 4:41PM

You say you want to make a "request for suspended order", what do you mean?

(If you have no earnings as posted then the enforcement order won't be able to be carried out!)

National_Debtline · 18 June 2018 at 5:01PM

Hi Finefoot

It's essential to return the attachment of earnings paperwork because as mentioned above, if you don't you could be made to attend court. They won't be able to take a deduction from your wage if you are not working but you will need to explain this when you send the form back.

To prevent further action, such as bailiffs, you need to make an offer of payment towards the debt. This can be as little as £1 per month if you don't have spare money. The court may consider this offer via the attachment of earnings form, or they may expect you to make a separate application to vary the payments on the CCJ. You should contact the court and check this with them. You'll find a factsheet on how to vary CCJ payments here https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx.

With regards to setting aside the CCJ, do you have grounds to dispute that you owe the debt? The court will usually expect you to apply promptly on finding out about the CCJ and have a realistic chance of successfully defending any new claim to agree to a set aside. It's best to seek advice from one of the free debt advice agencies if you think you may have grounds for a set aside. Good luck with it all.

Susie
@natdebtline

Finefoot · 28 June 2018 at 8:41PM

Many thanks for all the help.

I have received a response that the order is adjourned, having filed the N56 statement of means. The claimant will reinstate the claim upon filing proof of employment of the defendant.

Old CCJ Attachment of earnings

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