What does Attachment of earnings mean? An attachment of earnings is a court-directed mechanism requiring an employer to deduct sums from a debtor’s wages or salary and pay them to the court or enforcing authority to clear a judgment debt, fine or maintenance. It is a statutory remedy across the UK and Ireland, though terminology and procedure differ. In England and Wales, an Attachment of Earnings Order (AEO) under the Attachment of Earnings Act 1971 is made by the county court (and by magistrates’ courts for fines); child maintenance is enforced separately by Child Maintenance Service Deduction from Earnings Orders (DEOs). In Scotland,...
Read More
This Practice Note is intended for judgment creditors thinking about seeking an attachment of earnings order. It sets out what an attachment of earnings order is, when you can seek one, how to make the application, and what follows after it is lodged.
To enforce a judgment debt, a creditor may apply for an attachment of earnings order (AEO). This directs the judgment debtor’s employer to send a specified portion of the debtor’s pay to a central collecting office for transfer to the judgment creditor. The statutory basis for AEOs is the Attachment of Earnings Act 1971 (AtEA 1971), and the procedural framework appears in CPR 89. Under AtEA 1971, s 6(1), an AEO is a direction to the judgment debtor’s employer to:
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...