Earnings Arrestment

If the debtor is in regular employment the creditor can seek an earnings arrestment.  This is served on both the debtor and the employer.  For as long as the debtor remains in the employer’s employment the employer must make regular payments to the creditor.  Failing to maintain the payments can lead to the employer becoming liable for the payments.

Earnings arrestments take into account the amount of money that the debtor has left over at the end of each month.  All of the debtor’s circumstances are taken into account to provide a reasonable payment plan whereby the creditor will receive the full amount of their debt in a reasonable amount of time.  Realistically the court will expect that the debt will be repaid within 1-2 years.  When confronted with an earnings arrestment it is always wise to seek legal advice or speak to the Citizens Advice Bureau.  An earnings arrestment is also available on the dependence of an action.

A list of the current amounts that will be taken from wages are listed in the The Diligence against Earnings (Variation) (No. 2) (Scotland) Regulations 2009 / 395

Related Links

There are no related links.

Quick Links

There are no quick links.