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Question
Posted by: Anon | 2010/01/20

Emolumentets Attachment Order

HI

Please can you explain what this order is for and what to expect on the day.

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Our expert says:
Expert ImageFamily law expert

An emoluments attachment order is issued by the Court to the debtor’s employer directing that a specific amount of any wages or salary owing or accruing to that employee be held over by the employer and paid directly to the creditor. The employer is then known as the garnishee. Employers should be aware that if the emolument attachment order is not served by an appointed sheriff of the relevant court then the service is invalid and of no legal effect. Debtors, and their employers on their behalf, can also legally challenge an EAO in the event that they dispute the existence or validity of the order or the correctness of the balance claimed. Unfortunately, this does inevitably lead to legal costs for the account of the debtor.

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Our users say:
Posted by: Family law expert | 2010/01/20

An emoluments attachment order is issued by the Court to the debtor’s employer directing that a specific amount of any wages or salary owing or accruing to that employee be held over by the employer and paid directly to the creditor. The employer is then known as the garnishee. Employers should be aware that if the emolument attachment order is not served by an appointed sheriff of the relevant court then the service is invalid and of no legal effect. Debtors, and their employers on their behalf, can also legally challenge an EAO in the event that they dispute the existence or validity of the order or the correctness of the balance claimed. Unfortunately, this does inevitably lead to legal costs for the account of the debtor.

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