Home > FAQs > Stopping a Wages Arrestment

Stopping a Wages Arrestment

By: Garry Crystal - Updated: 5 Jul 2018 | comments*Discuss
 
Wages Arrestment Attachment Of Earnings

A wages arrestment or attachment of earnings will involve the courts and the debtor’s employer. But wages arrestment can be stopped if the debtor acts quickly enough.

What is a Wages Arrestment?

Wages arrestment means that a portion of the debtor’s wages will be taken by the debtor’s employer to pay the outstanding debt. Before a wages 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 payment on a County Court Judgement. If the debtor has fallen behind with a payment on the CCJ then the court can use an attachment of earnings to recover the debt for the creditor.

Who Can Be Subjected to a Wages Arrestment?

There are a few stipulations on who can and can’t have their earnings arrested. The debtor must be employed; self employed people cannot have their wages arrested. The debtor must not be on benefits such as unemployment benefits. Debtors who are in the armed forces cannot have an attachment of earnings placed against them. It is also the case that the debt owed must be over £50.

Does My Employer Have to Comply With This Order?

Yes, it is the legal duty of employers to deduct however much the courts insist from the debtor’s wages. The employer can also deduct a £1.00 administration fee every time the money is taken from the debtor’s salary. Attachment of earnings can be a cause of embarrassment for many employees once the employer becomes involved in the wages arrestment situation.

How Do the Courts Decide the Amount to Arrest?

The debtor will be sent forms to fill in that will include income and expenditure details. From this information the court will calculate how much the debtor can afford to pay back over a set period. The debtor should be able to comfortably afford the repayments from their wages. Other information on the forms will include the debtor’s employment details in order to contact the employer. Other credit and debt details will also be included to help calculate the amount that can be arrested.

Can I Lose My Job Due to Wages Arrestment?

It’s unlikely that an employer is going to dismiss an employee due to an attachment of earnings. But the employer may not look favourably on the situation and it could lead to chances of promotion being affected. The court may agree to a Suspended Attachment of Earnings Order. This is detailed in the forms sent to the debtor from the court. The debtor must give a reason why the arrestment should be suspended. Reasons can include that the order may lead to dismissal from the debtor’s job.

How Can I Stop a Wages Arrestment?

Stopping a wages arrestment will depend on how far along the debtor has allowed the situation to evolve. If a Suspended Attachment of Earnings is granted then the employer need not be involved. Repayments will be made directly to the creditor. But if the repayments lapse during the suspension order then the creditor can once again apply for a wages arrestment. If the debtor has failed to comply with the suspension order the court will more than likely order wages arrestment through the employer.

Other Ways to Stop a Wages Arrestment?

A wages arrestment can also be stopped at the point when the forms are sent to the debtor to assess how much wages can be arrested. If, at this point, the debtor pays the amount owed to the creditor then the attachment of earnings can be avoided. It may be the case that the creditor will require full payment of the debt due to previous missed payments. Creditors may still be agreeable to debt instalments on the condition that wages arrestment may be used in the future.

Will the Wages Arrestment Follow Me Through Different Jobs?

If the debtor does obtain a new job then the wages arrestment will end but this does not mean it has been cancelled. The debtor must notify the courts of the new employment details in order for the courts to decide whether to issue a new arrestment order. If the debtor does not supply the new employment details they can have committed an offence and may be fined or sent to prison.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
Can an AEO be deducted from a redundancy payment? I have been made redundant and scared incase it all gets taken by aeo? Thanks
Asth - 5-Jul-18 @ 3:55 PM
Car - Your Question:
Just saw a deduction has been taken from my wages co:payment I take it it's a council tax debt is there anyway I can stop this from happening suppose to of started payments 6th June this year took not well have payments for 3 weeks missed

Our Response:
There is no direct recourse for appeal against an Earnings Arrestment Order. Should you feel that the repayment amount is too high, and that you cannot afford to pay, you would have to seek debt advice.
GoingDebtFree - 28-Jun-18 @ 2:38 PM
Dawn - Your Question:
I have just received this month's wages and find I.have an amount taken out to'arrestment order '.I have never received any correspondence from whoever has taken it and knew nothing about it.How can.i find out who has taken it?

Our Response:
An Earnings Arrestment Order (EAO) is when a court takes a certain amount out of your wages because of a debt you owe. It is instructed by the courts and your employer sends the money to the court. The deductions continue until the fine is paid in full.
GoingDebtFree - 28-Jun-18 @ 2:00 PM
Just saw a deduction has been taken from my wages co:payment I take it it's a council tax debt is there anyway I can stop this from happening suppose to of started payments 6th June this year took not well have payments for 3 weeks missed
Car - 27-Jun-18 @ 10:59 PM
I have just received this month's wages and find I.have an amount taken out to 'arrestment order ' .I have never received any correspondence from whoever has taken it and knew nothing about it .How can.i find out who has taken it?
Dawn - 26-Jun-18 @ 11:30 PM
Can both partners in a marriage have their wages arrested for the same council tax debt?
Jax - 20-Jan-18 @ 7:32 PM
How many wage arresments can you have your wages at any one time ?
H - 25-Oct-17 @ 9:37 PM
How many wage agreements can you have off your wages at one time?
H - 25-Oct-17 @ 9:36 PM
If I have a moratorium registeredcan the court still arrest my wages
Fi - 12-Apr-17 @ 11:31 AM
Ive received a wages arrestment but it is i my married name which i no longer go by and it is addressed to my works local office and not the head office can this be enforced or if not how can i stop this going through wages as it shall put my job at risk.
None - 8-Apr-17 @ 12:22 PM
Hi I've received a letter to tell me my wages are being arrested and they have wrote to my employer to deduct the money but I have never received any letters telling me that I was to pay this money.I have moved house and I'm not sure if any letters went there but surly when they got my address they should have wrote to tell me that I owe money.Im worried sick can I phone them and tell them I'm willing to pay this and make a payment plan please play me know as it's the weekend I can't do anything till tomorrow thank you.
Shaza - 19-Mar-17 @ 2:15 PM
How do you find out who has done the arrestment as I get money off wages and don't know who ito foro
Fran - 16-Feb-17 @ 11:29 PM
a well known scots legal firm arrested my pay in respect of council tax after clearly telling me over the phone that the arrestment would be halted if i paid the latest instalment by a stated date.which i did.is there anything i can do?
jc1 - 16-Jan-17 @ 6:45 PM
hi had my wages arrestedby scot and companypayed the debt off and there stilltakingmoneyoffme what can I do
carol - 10-Nov-16 @ 6:37 PM
Just wondering how long it takes for a wage arrestment to happen
Jt - 7-Nov-16 @ 4:23 AM
i had 1900 paid to me by saas - studant award agency scotland back in 2010. now in 2016 my wages have been arested to pay the full amount back as they are saying they did not have evidence my mother was not working at the time when i know fine well i provided them with that evidence because they refused me my money & when i gave them it they back dated the full amount (1900) into my account. is it worth my time getting a solicitor to find out what they have done with my evidence? as i am struggling to get it again as i dont keep in contact with my mother and only she can speak to the people who provided her with her benefits to get a copy of this letter. in the mean time is there a way i can lift this arrestment as it is a large amount every week & causing me alot of grief especially because it is not my fault.
hc1994 - 6-Jun-16 @ 5:10 PM
I have an Arrestment but due to change in circumstance need to enter debt management plan can Arrestment be stopped and remaining balance included or is there other options such as insolvency.
Steve - 11-Jan-16 @ 3:38 PM
My husband is self employed runs a Ltd company and can his wages be arrested? We live in Scotland not sure if that comes in to it
joannem - 5-Dec-15 @ 1:05 PM
I have an earnings arrestment for council tax and a fine. They are taking alot of money of me each pay day and im not left with enough to pay my bills ect let alone feed my 2 kids and partner please help
Tam - 26-Nov-15 @ 2:51 PM
Carol - Your Question:
My wages have been arrested for a few months now and my financial situation will be better after Xmas, can I make extra payments

Our Response:
If you wish to pay extra, you would have to notify the courts of the new payment details and ask if they can amend the order.
GoingDebtFree - 20-Oct-15 @ 10:17 AM
My wages have been arrested for a few months now and my financial situation will be better after Xmas, can I make extra payments
Carol - 19-Oct-15 @ 3:30 PM
@Steven - you should have been informed at the time who took the judgement against you. Did you not enquire when you were filling in the forms? If not, you might have to apply through the courts.
Aid - 13-Jul-15 @ 2:04 PM
could someone help me find the company that has put a wage arrestment on my wages so I can just pay the full blance
Steven - 10-Jul-15 @ 5:15 PM
I understand that a self employed worker cannot have his wages arrested, is the same true of an umbrella worker?
tick - 25-Nov-14 @ 5:17 PM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Topics
Latest Comments
  • jhon
    Re: Priority Debt Management
    Thanks for sharing a informative article. It is really helpful to me.The information that you have shared on debt management is really…
    30 May 2019
  • Asth
    Re: Stopping a Wages Arrestment
    Can an AEO be deducted from a redundancy payment? I have been made redundant and scared incase it all gets taken by aeo? Thanks
    5 July 2018
  • GoingDebtFree
    Re: Stopping a Wages Arrestment
    Car - Your Question:Just saw a deduction has been taken from my wages co:payment I take it it's a council tax debt is there anyway…
    28 June 2018
  • GoingDebtFree
    Re: Stopping a Wages Arrestment
    Dawn - Your Question:I have just received this month's wages and find I.have an amount taken out to'arrestment order '.I have never…
    28 June 2018
  • Car
    Re: Stopping a Wages Arrestment
    Just saw a deduction has been taken from my wages co:payment I take it it's a council tax debt is there anyway I can stop this from…
    27 June 2018
  • Dawn
    Re: Stopping a Wages Arrestment
    I have just received this month's wages and find I.have an amount taken out to 'arrestment order ' .I have never received any…
    26 June 2018
  • Jax
    Re: Stopping a Wages Arrestment
    Can both partners in a marriage have their wages arrested for the same council tax debt?
    20 January 2018