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Attachment of earnings (AOE) is a legal document that you have to send to your employer. Your employer needs this document to pay the unpaid bill of council tax from your salary. An employer may take additional £1 for every deduction for administration costs.
You can get a maximum of two orders that will be issued with one copy of every order. The employer will start deductions as early as possible. Employees can confirm the time of deductions from employers.
Reasons Behind Attachment of Earnings
If you are failed to pay council tax on the due date, the council will issue this order. Migrates of court grant the liability order against defaulters. To obtain this order, the lender must issue one summons and get the judgment against nonpayers. A judgment of county court may not give limited liability to a lender to acquire repayment. It means that the law court has pronounced that the levies are officially due.
Remedies After Judgement
For repayment, the lender must take a series of particular action, such as remedies after judgment. These include an application for the attachment of earning orders or charging orders over assets, bank balance or income.
Application for the attachment of earnings order becomes a popular remedy after judgment. Creditors are liable to apply for an attachment of earnings or other remedies. Each remedy after judgment has a prohibitive cost, and it is the only limitation for lenders.
Once AOE is presented to your employer, he will be forced by law for the deduction of a particular amount from your salary. The employer pays this deducted amount to court, and the court will pay it to a lender.
Courts may not provide an AOE to merchant seaman, HM Armed Forces or self-employed persons. If you change jobs, the AOE order will not follow you to a new employer. In this situation, the lender has to give a new application to a court for AOE order to get money from your new employer.
The Function of The Attachment of Earnings Order
An AOE order permits your employer to repay your debt by deducting money from your salary. The employers are responsible for sending these payments directly to court, and the court will send money to creditors.
Once the order is granted, you will receive an N56 form from court to decide total deduction from your salary. This form is in your interest so you should carefully fill it and return immediately. People who fail to return this inquiry form will be in deep trouble.
You have to mention details of your financial circumstances on N56. These include details of employer and status of your debt. You have to add the financial information of your partner. You are responsible for returning this form to the court within eight days.
The officer of a court will use this information to make the AOE order. If you are unable to give sufficient details on an N56 form, you have to attend a court hearing with a particular judge.
Consequences of Ignoring N56 Form
It is a crime to give wrong information on the form. If you fail to send this form back, the district court dispossessors will serve you an order to fill this form. If you still failed to return this form, you will get a notice from court for a hearing to explain the reasons for not filling this form. You have to attend this hearing.
In case a person doesn’t attend this hearing, the court may issue an arrest warrant to bring him to court or even send directly to prison for almost 14 days. A creditor may know the address of your employer so that he can pass these details directly to the court. The employer can provide the details of your salaries on the order of the court, so it will be better to return N56 form on time.
Creditors may request to the court for a specific order to get information about your monetary status and details of the employer. You are liable to appear in court to swear on a vow that your monetary information is correct.
Attachment of earnings orders will not affect your credit reports. Only fundamental judgment will be recorded for a particular period. This judgment will be removed after 6 years. AOE may continue to subtract money until your debt is cleared and you have no attachment of earnings order.