What is an earnings arrestment?

  • John Baird -
  • 11th May 2016 -
  • 3 minutes to read

An Earnings Arrestment Order (EAO) is a form of ‘diligence’ that can be taken against you by a creditor. Diligence procedures are permitted once the creditor has been granted an appropriate court order, and earnings arrestment is just one of several measures they can take.

It will have been preceded by various attempts to collect the debt, including sending you a charge for payment. Earnings arrestment is a debt enforcement method often used by local councils to recover Council Tax arrears, but there are strict conditions as to how much they can take out of your pay.

Check that the order is valid

Before enforcing a debt in this way, your creditor must send you a charge for payment unless you are being pursued for an unpaid court fine, in which case this is not needed.

For the arrestment order to be legitimate, your creditor must also arrange for a Debt Advice and Information Package (DAIP) to be sent from the Accountant in Bankruptcy, no less than 12 weeks before serving the order.

The 14-day charge for payment is a formal demand to pay the debt, and the amount stated will include interest plus potentially other fees – in relation to sheriff officer services, for example.  It’s advisable to carefully check the charge for payment and make sure all the details are correct, and also to read through the Debt Advice and Information Pack.

The arrestment order should be served by a sheriff officer, usually by recorded delivery direct to your employer. It will include instructions on how to calculate payments, along with the current deduction tables.

How much money will be taken from your earnings?

There are safeguards in place to ensure that deductions are reasonable, and the possibility that more than one creditor will issue an earnings arrestment is also taken into account. A formula is used to decide on how much each creditor receives, in cases where more than one arrestment has been served.

The amount deducted depends on how much you earn, and how often you are paid. A percentage of net earnings is used, but if you earn below the lowest level in the calculation tables there is no payment to make.

Earnings include commission, bonuses, overtime and statutory sick pay, as well as your basic net wage. Deductions continue until the debt is repaid in full, and if you change your job the order moves with you.

Earnings arrestment and your employment contract

Some employers include a clause in their employment contracts that being in debt is a disciplinary matter, and there may be a risk that you will lose your job. This is often the case with employers in the finance industry, the police force, and prison service.

It’s worthwhile checking your contract of employment just to be sure, but you may find that your employer is simply disgruntled because of the extra work involved.

Is there anything you can do to stop an earnings arrestment?

If you act quickly on receipt of the charge for payment, you may be able to negotiate a new payment plan with your creditor before the earnings arrestment comes into force. You should obtain professional advice in this situation, which is why your creditor is obliged to send you a Debt Advice and Information Package.

Scotland Debt Solutions specialise in helping people to escape the debt cycle. We will quickly assess your situation, and advise on all the options available. Our teams work from five offices around Scotland, and are available for same-day consultations.

John Baird
John Baird
Partner
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