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Attachment of Earnings Order

This is an order requiring the debtor's employer to deduct instalments from the debtor's wages and forward those monies to the creditor.

An Attachment of Earnings Order cannot be made if the debtor receives Centrelink benefits, or if the debtor is self employed.

Issue of application  

If you wish to apply for an Attachment of Earnings order against a debtor you must file with the court:

• Three copies of the Form 72A – Attachment of Earning Summons
• Form 72A – Affidavit in Support of Application for Attachment of Earning Order
• Filing fee as set out in the Costs and Fees Ready Reckoner.

The Court will issue the application and fix a hearing date. Two copies of the summons will be returned to you.

Service

You must serve on debtor (at least 14 days prior to hearing):

• Issued Attachment of Earnings Summons
• Affidavit in Support of Attachment of Earnings Order
• Judgment Debtor's Statement of Financial Position (Form 72C)

Employment details

It is the Creditor’s responsibility to obtain the Debtor’s employment details. The Registrar may not make an order without these details. This includes the amount the debtor is paid, the frequency of payments and the ongoing nature of their employment. The registrar will be unable to make an order without these details.

In order to obtain these details, the Creditor may have a Form 42A Subpoena issued by the Court. This will compel the employer to provide the details to the Court. A fee is payable for the issue of a subpoena. In some circumstances, the Debtor’s employer will willingly provide such information, and a subpoena may not be required.

At the Hearing

he Attachment of Earnings hearing is conducted before a registrar, and the creditor must attend. The debtor may attend, but it is not mandatory. The creditor must provide an Affidavit of Service, which provides details of service of the Attachment of Earning Summons (and accompanying documents) on the debtor, at the hearing.

The maximum amount of money that can be regularly deducted from the debtor’s wage is 20%. In determining the amount to be deducted, the registrar will consider all the information provided to the court.

After the Hearing

After the Attachment of Earnings hearing, you must file with the court three copies of Form 72F – Attachment of Earnings Order, together with the filing fee. This order will then be issued by the court.

When copies of the issued order are returned, you must arrange to have a copy of the Attachment of Earnings Order served on the debtor and their employer, either personally or by registered post.

Seven days after the order has been served, the debtors employer must make deductions from the debtors wage and forward payment to the creditor.