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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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Hello, I am owed rent by a tenant who no longer

Customer Question

Hello,
I am owed rent by a tenant who no longer lives in the property. Its under £5k. They work full time earning about £600 per week. I will be able to get judgment I am sure, but this does not force the tenant to pay off the debt. My question is:- How can I have this taken out of his wages per week/month until the debt is paid???. The sum is about 2-3 thousand pounds.
regards,
Rosemary
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi Rosemary, welcome to the site. My name is XXXXX XXXXX I will help you with your question.

Max Lowry :

Once you have have judgment, then you can apply to the Court for what is called an attachment of earnings order.

Max Lowry :

This would require a sum of money (decided by the Court) to be paid by the employer directly to you from the defendant's salary.

Max Lowry :

It's a very common application.

Customer:

Sounds easy. Would I ask for this order at the first stage of obtaining Judgment or is this another court hearing???

Max Lowry :

It's often done on paper and a formal hearing isn't always required. But once you have judgment, you just fill out the forms, and you would likely just get the order. It's pretty simple to be honest. There is a useful explanatory booklet here for you: http://www.justice.gov.uk/downloads/courts/centralised-attachment-earnings-payment/ae_e0507.pdf

Customer:

Thankyou. One more question:- What if his employer doesn't or refuses to transfer funds??? R

Max Lowry :

His employer cannot refuse - it is a court order compelling him to do it. If he doesn't, then he faces being in contempt of court.

Customer:

Thank you. Speak with you again. Rosemary

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