Expert business legal advice
If your debtor is employed then you can apply to the Court for an Attachment of Earnings Order. An Attachment of Earnings orders the debtor’s employer to deduct an amount from the debtor’s wages/salary, which is then sent to the creditor via the Centralised Attachments of Earnings Payment System (CAPS) until the Judgment debt is discharged. It is often a slow process.
An Attachment of Earnings Order cannot be used if your debtor is self-employed or is a serving member of the armed forces and is only usually successful if the debtor’s employer is cooperative.
The Court calculate the amount to be deducted after working out what the debtor needs to live on, the protected earnings rate (PER) , and will only grant an order making a deduction from the debtor’s wages/salary if they are greater than the PER so sometimes an Attachment of Earnings Order can still fail even if the debtor’s employer does cooperate.
