An Earnings Arrestment Order (EAO) allows the court to collect money from your wages in order to repay debts that you owe. These payments are deducted from your monthly salary until your debt is paid in full and will incur interest.
An EAO is generally used to recover debts such as council tax arrears or spousal maintenance payments and the amount deducted will be calculated depending on your net earnings. It’s important to be aware that child maintenance payments do not require this type of order, and can be taken directly by the Child Support Agency (CSA) or Child Maintenance Service (CMS) by their own deduction from earnings order.
To be served with an EAO, you must have already been served a charge of payment and have received a Debt Advice and Information Package from the Accountant in Bankruptcy, details of which can be viewed here.
If the situation has progressed past this stage and you’ve received an EAO, it’s important to take immediate action to discuss it with your employer if you haven’t already done so. The order instructs your employer to send money to the court and they will be required to send details of your salary amount, payment date etc. This is compulsory by law and can be cause for an employee disciplinary. Scottish residents on the payroll of a company outside of Scotland can be affected too, so it’s important to make your employer aware of the situation out of courtesy.
If you feel that the payments have been unfairly calculated and you cannot afford to repay what the court suggests, you should seek specialist advice immediately. There is no option to appeal directly against an EAO, so you should contact a solicitor or debt advice professional for help on what to do next.
Our advisers at Scotland Debt Solutions have a wealth of knowledge on debt solutions and debt problems and can offer you impartial advice on the most suitable solution for your individual situation. Contact us today and we can discuss your Earnings Arrestment Order and help to provide a manageable solution to your debt worries.
The Register of Insolvencies is a public register that documents Trust Deeds until five years after the discharge date and includes personal details.
Joint Trust Deeds don’t exist, however, if you want to run a Trust Deed that encompasses debts as a couple, this will be two individual Trust Deeds.
Our Scottish based team can help advise you on your debt problems.