Legal Definitions - attachment of earnings

Attachment of earnings refers to a legal process where a court issues an order compelling an employer to deduct a specific amount of money directly from an employee's wages or salary. This deducted money is then sent to a creditor to satisfy a debt that the employee owes, typically after a court has issued a judgment confirming the debt. It is a common method used to enforce a financial obligation when the debtor has not paid voluntarily.

Here are some examples to illustrate how attachment of earnings works:

• Unpaid Child Support:

  Scenario: Maria owes several months of unpaid child support to her ex-partner, John. John went to court and obtained a judgment for the overdue amount.

  Illustration: The court, upon John's request, issues an attachment of earnings order to Maria's employer. Her employer is then legally required to deduct a portion of Maria's paycheck each pay period and send it directly to John until the full amount of the unpaid child support is collected. This ensures consistent payment towards the debt.

• Consumer Debt Judgment:

  Scenario: Robert accumulated a significant amount of medical debt and failed to make payments for over a year. The hospital sued him and obtained a court judgment for the outstanding balance.

  Illustration: To collect the judgment, the hospital can apply for an attachment of earnings order. If granted, Robert's employer will be instructed to withhold a set amount from his wages and send it to the hospital until the judgment debt is satisfied. This prevents Robert from avoiding the debt by simply not paying.

• Civil Damages Award:

  Scenario: A landlord, Ms. Davies, sued her former tenant, Mr. Evans, for significant property damage that occurred during his tenancy. The court ruled in favor of Ms. Davies and ordered Mr. Evans to pay her a substantial sum for repairs.

  Illustration: If Mr. Evans does not pay Ms. Davies voluntarily, she can seek an attachment of earnings order. The court would then direct Mr. Evans's employer to deduct a specified amount from his regular earnings and forward it to Ms. Davies until the full amount of the damages awarded by the court is paid. This provides a mechanism for Ms. Davies to recover the money she is owed.