Earnings Attachment Orders and finding a new employer?

How is your tenant fighting the S21?Either you have served a compliant notice and the judge must grant it, or you haven’t, and it will fail.
I had a tenant who was self-employed, and I walked away after the eviction. I couldn’t see a way of enforcing the debt. But I’d be interested to know if it’s possible.

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Here is your answer –
Q – What is the UK court process where you serve notice to a debtor with a CCJ against them to attend court to explain to the court how they will repay the debt? Obviously this is after the debtor’s failure to pay.
Answer –
You are describing the process known as “Oral Examination” (or “Questioning”).
This is a specific enforcement procedure in the UK used against a debtor who has a County Court Judgment (CCJ) against them and has failed to pay as ordered.
Here’s a breakdown of the process, its purpose, and how it works:
What is an Oral Examination?
It is a court hearing where the judgment creditor (the person owed the money) can compel the judgment debtor (the person who owes the money) to attend court and provide detailed information about their financial circumstances. The goal is to discover what assets, income, or means the debtor has to pay the CCJ, so that the creditor can choose the most effective method of enforcement.
The Legal Name and Form
Official Name: It is an application for an “Order to Attend Court for Questioning”.
Form Used: You apply using Form N316 (if the order for questioning is to be served by the creditor) or Form N316A (if you want the court to serve it).
Commonly Called: “An application for an Oral Examination” or “Order for Oral Examination.”
When is it Used?
It is typically used after a CCJ has been issued and the debtor has:
Failed to pay the judgment debt.
Failed to respond to statutory demands or proposals for payment.
Not provided sufficient information voluntarily about their finances.
It is often a precursor to other enforcement actions (like instructing bailiffs or applying for an Attachment of Earnings Order) because it helps the creditor identify which method is most likely to succeed.
The Step-by-Step Process
Creditor’s Application: The creditor applies to the court using Form N316, paying a court fee (currently £110, but subject to change).
Court Issues an Order: If the application is approved, the court issues an “Order to Attend Court for Questioning”. This is a legally binding order commanding the debtor to attend court on a specific date and time.
Service of the Order: The creditor must “serve” (deliver) the order to the debtor personally, at least 14 days before the hearing date. This is often done by a process server or a court bailiff to ensure proof of service. The order will warn the debtor of the consequences of non-attendance.
The Hearing: The debtor must attend and bring detailed documentary evidence of their finances (e.g., bank statements, wage slips, details of property, outgoings, etc.). A court officer (usually a “court bailiff” or “legal adviser”) will ask questions about the debtor’s financial situation, under oath or affirmation.
Outcome: A detailed record (a “statement of means”) is produced. The creditor can use this information to decide on the next enforcement step. The court may also, at the hearing, order the debtor to make payments on the spot or in the future.
Failure to Attend: If the debtor fails to attend without a valid reason, the court will usually issue a “Suspended Committal Order” — this is an order for the debtor’s imprisonment, suspended on the condition that they attend a rearranged hearing. If they fail to attend the second time, a warrant for their arrest (“Bench Warrant”) can be issued to bring them before the court.
Key Points to Remember
It’s an information-gathering tool. Its primary purpose is to uncover assets, not necessarily to secure a payment there and then (though that can happen).
It applies pressure. The formal, intimidating nature of a court order to attend and disclose finances often prompts debtors to start paying or negotiate a settlement.
It’s not for arguing the debt again. The debtor cannot re-argue the merits of the CCJ at this hearing. The hearing is solely about their means to pay the existing judgment.
It can be used against company directors. If the debtor is a limited company with a CCJ, you can apply to examine a director or officer of the company about the company’s means.
Common Enforcement Actions that Might Follow an Oral Examination:
Warrant of Control: Instructing bailiffs to seize goods.
Attachment of Earnings Order: Deducting money directly from the debtor’s salary.
Third Party Debt Order (formerly Garnishee Order): Freezing and seizing money from the debtor’s bank account.
Charging Order: Securing the debt against the debtor’s property.
In summary, the process you are referring to is the Oral Examination (Order to Attend Court for Questioning), a powerful enforcement tool used after obtaining a CCJ to investigate a debtor’s financial situation and pave the way for effective recovery of the debt.
https://www.gov.uk/government/publications/form-n316-application-for-order-that-debtor-attend-court-for-questioning

If the tenant is not on a permanent contract with an employer and has a decent salary, you have almost no chance of recovering any of your arrears.

S21 is the no fault eviction option, so the case won’t deal with any of the arrears. You will have to make a separate MCOL claim. If the possession claim is being defended then it probably points to a technical error on your part.

On my non property business I have done 4 Attachment of earnings orders (can’t do if the debtor is self employed). Only in 1 case have I ever recovered any money.
What happens is
a) it is likely the debtor may have moved
b) the cost of issuing the order is quite expensive.
c) it relies on the employer to fill out the correct information.
d) even if you get the order accepted by the court it relies on the employer to deduct the correct amount (I had a case where the employer – Derby City Council didn’t deduct anything – they were summoned toi court for breach of the order, by the time it was sorted the debtor had moved employer again)
e) if the debtor moves employer you have to start all over agian as the previous employer will say they have no knowledge of where the debtor is now.
f) if the debtor is on a low wage the attachment will be nothing or very low.

What I have learn from this is , don’t bother as our justice system doesn’t work

If you feel angry enough, get the CCJ issued. You are unlikely to get your money, but you will at least know the feckless tenant will suffer the consequences of being excluded from credit and accommodation.

Always go for the CCJ, however if there is no chance of getting your money back only ask for £300 as the court costs for this are £35. If you are owed between £3000 and £5000 the court costs are £205 .. and increase as more is owed.

By only asking for £300 you still give the debtor a CCJ andf it costs less. You could say you were suing for only 1 months rent, so if by some miracle you did get the £300 paid to you you could then sue for another month and so on.