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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I am a senior manager in a large company, please advise as,

Customer Question

I am a senior manager in a large company, please advise as, do I have to accept the summons? And will it affect my credit rating?
See email below I received earlier today.
Just to confirm our earlier discussion that a court representative has been at Saxon House to try and serve a summons on you in respect of Kerry Prudence.   We believe this is in respect of a non payment of attachment of earnings.
After liaising with SCC Payroll, there have been 2 payments but there is a protective earnings limit of £477.26 therefore as she does not earn over this limit means that we do not make any deductions
A report is sent to the company that the debt is owed on a monthly basis after pay has run and they are advised why there has been a non-payment.
Ultimately, not sure why we “you” are being served a summons as it would appear that everything we are required to do has been done.     If the summons is served, please accept it , forward it to me on the Group HR mailbox and we will resolve.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What type of summons is this please?
Customer: replied 2 years ago.
County court, Norwich
Expert:  Jo C. replied 2 years ago.
I presume this is a summons in relation to your personal affairs not the company affairs?
Customer: replied 2 years ago.
The summonds is to do with a member of my staff, she owed money to a water company, I have sent all the correspondence off the hr, this should have been sorted and deducted from my employees wages
I am just the manager and have no depts
Expert:  Jo C. replied 2 years ago.
I see what has happened.
The employee has the debt and the creditor has sought an attachment to her earnings which they say has not been paid. They have summonsed you to explain the situation.
In that case, you do not accept or reject a summons. If you don't answer it then that is a contempt of court and the civil courts do generally take that more seriously than the criminal courts.
It won't affect your credit rating. You are not personally being sued and neither is the company. You are being asked to explain why the company hasn't complied.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
You said
I do not accept or reject the summons?
When the gentleman finds me to hand it over to I have to take it or can I refuse?
Expert:  Jo C. replied 2 years ago.
Even if you do refuse it, the summons has still been served. He only has to drop it at your feet for good service to be met.
Customer: replied 2 years ago.
Is there a time limit on this?
I do not work from head office and am on the road each day
How are they going to manage to serve it?
I have concerns that the situation will get worse if they can not get into contact with me?
Expert:  Jo C. replied 2 years ago.
Not if they have a CCJ already and its just that the attachment to earnings order is not being complied with.
Yes, the situation will get worse if you don't respond but thats not going to happen because you will dealt with it.
They only have to lead it at head office for you for it to be served.
Customer: replied 2 years ago.
I do not understand why they did not leave it at head office today, apparently they are still looking for me.
Can you advise how I can get it served? So this can be cleared up
Expert:  Jo C. replied 2 years ago.
I wouldn't know why they made that decision. It does seem strange that they didn't just leave it there.
I suppose unless the court hearing is imminent and then they may be in a position where they need to hand it to you.
First class post to your place of business is perfectly adequate service of a summons.
Customer: replied 2 years ago.
Do I just have to wait for the summons? As it seems from your reply that there is nothing else I can do apart from wait and then deal with it?
Expert:  Jo C. replied 2 years ago.
Yes, that is right.
Of course, I suppose they may withdraw their application but thats not likely.
There is no action that you can take to stop them asking you to attend court to account for the defaults.
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for all your assistance today
Sue
Expert:  Jo C. replied 2 years ago.

No problem and all the best.

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