Instalment Order v Attachment of Earnings Order

[axtelle]

Group,

 

Sorry for this newbie question but are Attachment of Earning Orders and Instalment Orders mutually exclusive to repay a CCJ ?

 

To put it another way - a debtor wouldn't pay both at the same time to repay a CCJ would they ?

 

The reason for the question is that I understand a creditor cannot obtain a Charging order if payments under an Instalment Order are up to date but can a creditor obtain a Charging Order if payments under an Attachment of Earning Order are up to date ?

 

My logic is that if Attachment of Earning Orders and Instalment Orders are mutually exclusive then the law regarding Charging Orders and Instalment Orders must surely be applicable to Attachment of Earnings Order as well ?

 

Thanks in advance for any feedback / guidance on this.

[AndyOrch]

Hi axtelle and welcome to CAG

 

Group,

 

Sorry for this newbie question but are Attachment of Earning Orders and Instalment Orders mutually exclusive to repay a CCJ ? Not exclusively but mainly

 

To put it another way - a debtor wouldn't pay both at the same time to repay a CCJ would they ? No

 

The reason for the question is that I understand a creditor cannot obtain a Charging order if payments under an Instalment Order are up to date but can a creditor obtain a Charging Order if payments under an Attachment of Earning Order are up to date ? They can now since changes of 2012...up to date or not

 

My logic is that if Attachment of Earning Orders and Instalment Orders are mutually exclusive then the law regarding Charging Orders and Instalment Orders must surely be applicable to Attachment of Earnings Order as well ? No...An Attachment of Earnings Order is a means of execution of a judgment ....a Installment Order is a means to pay a Judgment before execution

 

Thanks in advance for any feedback / guidance on this.

 

Regards

 

Andy