Attachment to earnings – what is your experience?

by Readers Question

10:43 AM, 22nd July 2015, 11 years ago 15

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Landlord News Landlords Questions

Recently, we have seen a lot of discussion about using HCEO to recover debts. People started sharing their experiences, give us more inside view on how HCEO works. It may help other people to make better decision in the future.

I would like to bring on another enforcement method: an attachment to earnings. After the court received an application about an attachment to earnings, the judgement debtors were sent a form to fill in – their statement means of course they would state their outgoings are greater than their income, based on information they provided, application was dismissed.

Then you put an objection in, and then the matter will be transferred to home court for hearing.

Can anyone share their experience and advice on this please?
Many thanks
Wanda

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wanda wang

Member Since September 2014 - Comments: 138

9:17 PM, 23rd July 2015, About 11 years ago

Hi Robert,
As you had previously jointed our discussion with experience using HCEO, the situation now is my attachment of earing has dismissed by the court, now I got a letter from the court stated “if you disagree with defendant’s statement, write to the court, stating why you object within 16 days , the court will arrange a hearing “. Has anyone been to this type of hearing ?

thanks
Wanda

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Robert M Read Full Bio

Member Since October 2013 - Comments: 1308 - Articles: 10

9:41 PM, 23rd July 2015, About 11 years ago

Reply to the comment left by “wanda wang” at “23/07/2015 – 21:17“:

Sorry, I have no experience of this so I cannot comment on this process. However, if you have reason to believe that the debtor has income or assets they have not declared then I presume this would be the grounds for your objection (but you may need some evidence to back up any reasons you give).

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wanda wang

Member Since September 2014 - Comments: 138

9:47 PM, 23rd July 2015, About 11 years ago

Reply to the comment left by “Robert Mellors” at “23/07/2015 – 21:41“:

thanks . I see.

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Brian Jackson

Member Since January 2015 - Comments: 27

9:17 AM, 24th July 2015, About 11 years ago

Reply to the comment left by “wanda wang” at “23/07/2015 – 20:54“:

Hi wanda

No I did not go to the court. All done by the AEO, but it all takes time!!
Brian jackson

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Peter Fisher - Fixed Fee Law

Comments: 98

9:25 AM, 24th July 2015, About 11 years ago

Hi Wanda – had experience of Committal Order(s), Oral Exams ( as is used to called) and I have been to many of this type of hearing.

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