What is an Earnings Arrestment?
Earnings Arrestments also knowing as Wage arrestment means that a percentage of the debtor’s earnings will be taken by their employer to settle the outstanding debt balance. Before an Earnings arrestment can happen a County Court Judgement will have been granted by the courts. An attachment of earnings can only occur if a debtor has missed one or more payments on a County Court Judgement. If the debtor has fallen behind with a payment then the court can use an attachment of earnings to recover the debt for the creditor.
attachment of earnings order
Does the Employer have to follow with the order?
Yes, it is the legal duty of the employer(s). Employers must deduct however much the courts instruct them too from the debtor’s wages. The employer can also deduct a £1.00 administration fee. A fee can occur every time money is taken from a debtor’s salary. Attachment of earnings can be a cause of awkwardness for many employees once the employer becomes involved in the wages arrestment situation.
Will My Job be at Risk?
It is highly unlikely for your current job to be at risk. However, your employer may mark this as a disciplinary or not look at you as a candidate for further higher-ranked positions within the company. If an Earnings Arrestment does put your job at risk, you can ask your council to put a repayment plan in place. If they agree to this, you can apply to the Sheriff Court for a suspended attachment of earnings order.
How Can I Keep Track of what I need to pay?
Your employer will keep a record of how much is left to clear your bill. They should stop making deductions once the amount is paid in full.
Your wage slip should also tell you how much has been taken for the attachment of earnings order. Remember that your employer can take an extra £1 for each deduction for their administration costs.
We recommend that you keep wage slips as your record of the amount paid. If you need more information about the balance left to pay, please speak to your employer.
What if My Employment Status Changes?
If you change your job, the earning arrestment stops. You will have no earnings for your previous employer to deduct your wages from.
However, your previous employer will most likely be instructed to provide the details of your new employment to the sheriff officers. Your new place of employment will be found in a variety of ways, From your Tax code to your National Insurance number.
The wage arrestment, therefore, can follow you
How Can I Prevent an Earnings Arrestment?
Seeking Debt advice would be the best way to avoid your earnings being arrested. Click Here for FREE financial advice. Find A Debt Expert can provide you with the legal steps you can take. Give us a call on 0161 694 2650 or email us at firstname.lastname@example.org