Attachment of Earnings - statement of income?

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    Attachment of Earnings - statement of income?

    I applied for an Attachment of Earnings Order a while ago, and have finally heard back from the Court that my ex-tenant (head firmly in the sand as ever) has not responded to the request to provide a statement of income and expenses (form N55) and that the court bailiff will now serve him personally with a form N66 instead.

    Is there any difference in how/what the debtor will need to provide now? Is this for the 'Spanish Inquisition'-style examination, or will he just be asked for the same info as in the N55?

    (How long is it likely to take for a bailiff to do this... is likely to be many weeks, as in a reposession? )

    #2
    Yep, its a slow process. I'm in exactly the same situation with the case of one T. I've not chased it up yet, but I think it will be the spanish-style inquisition, and if T doesn't turn up for it, will end up being a guest of Her Majesty ...

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      #3
      Well, interestingly my tenant did eventually return his N55 form, with the result that the Court stopped trying to serve him the N66.

      The Court has ordered a suspended AofE order in the £50-100/month* range; ie he gets to pay the monthly amounts himself until such time as he defaults.

      If I object to this, I have to write to the court and say why; then a hearing will be arranged with both parties.

      Now, obviously the monthly amount was based on the defendant's stated income and expenses. However, his declared income (at the same job) is about £300/month less than it was when I personally vetted his payslips 2 years ago; furthermore, he claims to be paying about £150/month more in rent now than he did when he was renting from me a few months ago, and got himself turfed out because apparently he couldn't afford to pay. In short, I don't believe a word of his declaration, and that if the true figures had been written down he'd have got a judgement of more like £300-400/month, which would have been meant I got paid back an awful lot quicker, and hopefully before other creditors catch up with him.

      Trouble is, despite the fact that I'd bet good money on the above, I have no proof whatsoever. Is it worth putting the above in writing to the court, and requesting he provides them with proof of income/outgoings? Or is that not what they mean by 'objecting', and should I request an Oral Examination at this point?

      Would be grateful to hear other's experiences.

      (*not divulging the actual figure just in case he's reading this!)

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        #4
        Originally posted by Ericthelobster View Post
        Trouble is, despite the fact that I'd bet good money on the above, I have no proof whatsoever. Is it worth putting the above in writing to the court, and requesting he provides them with proof of income/outgoings? Or is that not what they mean by 'objecting', and should I request an Oral Examination at this point?

        Would be grateful to hear other's experiences.

        (*not divulging the actual figure just in case he's reading this!)
        I've never applied for an attachment of earnings, but I have applied for an order to obtain information (is this the same as an oral examination?). Judgment debtor must be served in person and provide info on their financial situation - and you as creditor can request that specific documents/proofs are submitted (as I recall), such as perhaps current tenancy agreement, current payslips, etc.

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          #5
          Originally posted by Ericthelobster View Post
          In short, I don't believe a word of his declaration, and that if the true figures had been written down he'd have got a judgement of more like £300-400/month, which would have been meant I got paid back an awful lot quicker, and hopefully before other creditors catch up with him.

          Trouble is, despite the fact that I'd bet good money on the above, I have no proof whatsoever. Is it worth putting the above in writing to the court, and requesting he provides them with proof of income/outgoings?
          Just to update this thread... in the end I wrote to the court expressing my surprise (with reasons) at the figures the ex-T had quoted, and questioning whether it would be considered appropriate for proof to be provided. In the meantime (surprise, surprise) the tenant instantly defaulted on the suspended attachment of earnings order so I applied for that to be enforced.

          I've also now been sent a letter advising me that a new hearing has been set, at which the defendant needs to provide said proof.

          Ouch.

          So, assuming my suspicions are correct, what retribution will be likely at this hearing - presumably his actions will count as perjury? My guess is that he will simply not turn up at court, hoping as usual that the situation will just go away if he ignores it.

          (From a selfish perspective, I'm also thinking that a fine or anything which might cause him to lose his job isn't going to help me get my money...)

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