An attachment of earnings order (AoE) is a court order that requires an employer to deduct money directly from a debtor's wages and send it to the court. The court then passes the money on to the creditor. It is one of the most effective ways to enforce a county court judgment (CCJ) in England and Wales when the debtor is in paid employment.
This guide covers both sides: how to apply for an attachment of earnings order as a creditor, and what to do if you have received one as an employee.
Key point: An attachment of earnings order can only be made against someone who is employed. It does not work against self-employed individuals, company directors paid through dividends, or people who are unemployed.
For Claimants: Applying for an Attachment of Earnings Order
When to Use an Attachment of Earnings Order
You can apply for an attachment of earnings order after you have obtained a county court judgment (CCJ) and the debtor has failed to pay. It is particularly useful when:
- The debtor is in regular employment and receives a steady wage or salary
- Other enforcement methods (such as sending bailiffs) have been unsuccessful
- You want guaranteed, regular payments rather than a one-off recovery attempt
How to Apply
To apply for an attachment of earnings order, you need to complete form N379 (previously known as N337) and file it at the debtor's local county court. The current application fee is £135.
In your application, you should provide as much information as you can about the debtor's employment, including their employer's name and address if known. If you do not know the employer's details, the court can order the debtor to provide them.
What Happens After You Apply
Once you file the application, the court sends the debtor a notice requiring them to complete a statement of means (form N56). This is a detailed form where the debtor sets out their income, outgoings, and financial commitments. The court uses this information to decide how much should be deducted.
If the debtor fails to complete the statement of means, the court can issue a suspended committal order — meaning the debtor risks being sent to prison for contempt of court if they continue to ignore it.
Important: If the debtor does not comply with the order or fails to provide financial information, you can apply for a committal hearing. Courts take non-compliance seriously, and the threat of committal usually prompts a response.
How Deductions Are Calculated
The court sets two key figures when making an attachment of earnings order:
- Normal deduction rate — the amount deducted from the debtor's pay in each pay period when their earnings exceed the protected level. This is the regular repayment amount.
- Protected earnings rate — the minimum amount the debtor must be left with after deductions. This is set by the court based on the debtor's essential living expenses and ensures they can meet basic needs.
If the debtor's earnings in any pay period fall below the protected earnings rate, no deduction is made for that period. If earnings are above the protected rate but below what would allow the full normal deduction, a reduced deduction is made.
Example: A debtor earns £2,000 per month. The court sets the normal deduction rate at £300 per month and the protected earnings rate at £1,500 per month. Each month, £300 is deducted. If the debtor's pay drops to £1,600 one month, only £100 is deducted (the amount above the protected rate). If their pay drops below £1,500, nothing is deducted.
Advantages for Creditors
- Guaranteed regular payments — money comes directly from the employer, so the debtor cannot avoid paying
- No need to chase the debtor repeatedly or send bailiffs
- The employer is legally required to comply — failure to do so is a criminal offence
- Continues automatically until the debt is paid in full
Disadvantages for Creditors
- Only works if the debtor is employed — not suitable for self-employed debtors
- If the debtor loses their job or changes employer, there can be delays
- Payments are spread over time, so it can take months or years to recover the full amount
- The application fee is £135, which is added to the debt but must be paid upfront
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Apply for attachment of earnings onlineFor Employees: You Have Received an Attachment of Earnings Order
What It Means
If you have received an attachment of earnings order, it means a creditor has obtained a court order requiring your employer to deduct money from your wages to repay a debt. Your employer is legally required to comply — they have no choice in the matter.
You will receive a copy of the order, which sets out the normal deduction rate and the protected earnings rate. Your employer will also receive a copy with instructions on how to make the deductions.
How Much Will Be Deducted?
The amount deducted depends on your income and essential living expenses. The court protects a minimum amount (the protected earnings rate) to ensure you can cover basic living costs such as rent or mortgage, utilities, food, and transport.
The deduction is made by your employer before you receive your pay. You will see it listed on your payslip. The employer sends the deducted amount to the court, which forwards it to the creditor.
Can You Stop an Attachment of Earnings Order?
There are several ways to stop or change an attachment of earnings order:
- Pay the debt in full — once the debt (including court costs and fees) is paid in full, the order is automatically discharged
- Apply to vary the order — if your circumstances have changed (for example, your income has dropped, or you have new essential expenses), you can apply to the court to reduce the deduction rate
- Apply to suspend the order — you can ask the court to suspend the attachment of earnings if you can demonstrate that you will make regular voluntary payments directly to the creditor instead
- Negotiate with the creditor — if you can agree a repayment plan with the creditor, they can ask the court to discharge the order
Do not ignore it: If you disagree with the amount being deducted or believe there has been an error, you must apply to the court to vary the order. Simply ignoring the order or asking your employer not to make the deductions will not work — the employer is legally required to comply.
Impact on Your Employment
Your employer cannot dismiss you for having an attachment of earnings order. Your employment is protected. However, your employer will be aware of the debt because they receive the court order directly.
In practice, employers process these orders routinely through their payroll department. It is no different to processing a student loan deduction or a child maintenance order — employers deal with these regularly.
What If You Change Jobs?
If you change employer, you are legally required to notify the court within 7 days of starting your new job. You must provide the name and address of your new employer. The court will then issue a new attachment of earnings order to your new employer.
Failure to notify the court of a change of employment is a criminal offence and can result in a fine. The court takes this obligation seriously.
Between jobs: If you become unemployed, no deductions are made during the period you are out of work. The order is effectively suspended. Once you start a new job and notify the court, a new order will be sent to your new employer and deductions will resume.
Attachment of Earnings vs Other Enforcement Methods
An attachment of earnings order is just one of several ways to enforce a CCJ. Here is how it compares to the other main options:
| Method | Best For | Cost | Key Limitation |
|---|---|---|---|
| Attachment of earnings | Employed debtors with regular income | £135 | Does not work for self-employed or unemployed debtors |
| Warrant of control | Debtors with assets (goods, vehicles) | £94 | Bailiffs can only take non-essential goods; debtor may have nothing of value |
| Third party debt order | Debtors with money in a bank account | £135 | Only freezes the amount in the account at the time; debtor may move funds |
| Charging order | Debtors who own property | £135 | Secures the debt against property but does not force immediate sale |
Tip: If you are unsure which enforcement method to use, you can apply for an order to obtain information (form N316) first. This requires the debtor to attend court and disclose their financial position — including employment, bank accounts, and assets — so you can choose the most effective enforcement route.
Attachment of Earnings for Council Tax
Local authorities can use attachment of earnings orders to recover unpaid council tax. The process differs from the county court route:
- The council first obtains a liability order from the magistrates' court
- With a liability order, the council can apply directly for an attachment of earnings — no separate CCJ is needed
- Deduction rates are set by a fixed statutory table based on the debtor's net earnings, not by individual assessment
- The employer is notified and must comply within 7 days
Frequently Asked Questions
What is an attachment of earnings order?
An attachment of earnings order (AoE) is a court order that instructs an employer to deduct money directly from an employee's wages and send it to the court to pay off a debt. It is one of several enforcement methods available after obtaining a county court judgment (CCJ) in England and Wales.
How much will be deducted from my wages?
The court sets two rates: a 'normal deduction rate' (the amount deducted each pay period when the debtor earns above the protected level) and a 'protected earnings rate' (the minimum amount the debtor must be left with after deductions). The protected earnings rate is based on the debtor's essential living expenses. If earnings fall below the protected rate in any pay period, no deduction is made.
Can my employer sack me because of an attachment of earnings order?
No. It is unlawful for an employer to dismiss an employee solely because they have an attachment of earnings order. Your employment rights are protected. If your employer treats you unfairly because of an AoE, you may have grounds for an employment tribunal claim.
Can I stop an attachment of earnings order?
Yes — there are several ways. You can pay the debt in full, at which point the order is discharged. You can apply to the court to vary the order if your circumstances have changed (for example, your income has dropped). You can also apply to suspend the order if you can show you will make voluntary payments instead.
Does an attachment of earnings work if the debtor is self-employed?
No. An attachment of earnings order only works against employed people because it requires an employer to make deductions. If the debtor is self-employed, you would need to use a different enforcement method such as a warrant of control, a third party debt order, or a charging order.
What happens if the debtor changes jobs?
The debtor is legally required to notify the court of any change of employment within 7 days. The court will then send a new attachment of earnings order to the new employer. Failure to notify the court is a criminal offence that can result in a fine.
How long does an attachment of earnings order last?
The order remains in force until the debt is paid in full, the order is varied or discharged by the court, or the debtor becomes unemployed (in which case the order is effectively suspended until they find new employment).
Can an attachment of earnings be used for council tax debt?
Yes. Local authorities can apply for an attachment of earnings order to recover unpaid council tax. The process is slightly different — the council applies to the magistrates' court rather than the county court, and there is no need for a CCJ first. The council must first obtain a liability order.