How to get a earning deduction order from court?

How to get a earning deduction order from court?

0:01 AM, 15th August 2024, About 3 months ago 4

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Hi, I have finally got a court order against my ex-tenants after nine months of struggle, they owe me over nine months rent, not to count the damages done to my house.

However, they moved out before the bailiffs could be instructed from a previous court order to evict them. The court order is addressed to my property, but when I try to request a warrant online, it only allows me to send bailiffs to my address, which won’t help since they’ve already moved. I’m also concerned that it might take weeks for a bailiff.

I would like to get a earning deduction order from the court as one of the tenant works full time and the other receives universal credit so a deduction can be made directly from their earnings.

Has anyone got experience with this and can give me some advice please?

Thanks,

S


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FOX30

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10:22 AM, 15th August 2024, About 3 months ago

I managed to get a default onto the tenants credit file, I have a court money order for £8,000 however tenant left and even though I search for them every three months through trace companies they have not been able to find them ever since they left in 2019.
I managed to get a high court writ however bailiffs attended a few times to last known address to no avail.
Writ has expired and I would need to get another one if I do find him, the whole process is designed for failure to landlords, all I have managed to do so far is to get a default in their credit file but that will only last 6 years.

Neil Heffey

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10:48 AM, 15th August 2024, About 3 months ago

Certain actions can be taken depending on the tenant's financial situation.

To apply for an Attachment of Earnings Order (AEO), obtain Form N337 from the HM Courts & Tribunals Service website or your local county court.

Fill out the form with the judgment details, debtor information, debt amount, and any payments already made.

Include the debtor’s employment details, like the employer's name and address, if known.

There is a fee for applying for an AEO, which may have changed since it was last set at £119.00. Verify the current fee on the HMCTS website or with the court.

Be cautious not to spend more money chasing the debt than what is recoverable. Deductions from Universal Credit or other benefits cannot be claimed. Arrears management fees are claimable if the debtor is still a tenant, but not after they have left.

The court may deny a substantial order if the debtor demonstrates financial hardship, depending on their earnings.

Representing yourself, the application and an interim order will cost approximately £120. Be aware that the defendant may request a court hearing once the order is granted.

Judith Wordsworth

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11:05 AM, 15th August 2024, About 3 months ago

Reply to the comment left by FOX30 at 15/08/2024 - 10:22
Had exactly the same problem, which is also exacerbated by GDPR ie you know who the ex tenant's employer is or which LA they get their benefits from but neither will give you their new address.

Judith Wordsworth

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11:08 AM, 15th August 2024, About 3 months ago

Money Claim Online will give them a ccj which could make their lives a bit more difficult for 6 years. No guarantee of getting any money, court fees tax deductible allowable expense, but could pi** them off a bit

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