Can the council take money from my wages?
Yes, but only after a liability order, and only through a formal attachment of earnings order sent to your employer. It covers council tax arrears. You can usually agree a payment plan before it reaches that point, and you can ask for a lower deduction if the amount would leave you short. Reply to the letter before the date on it.
· 4 min read
This is the question behind a lot of unopened post. The answer is that they can, but not immediately, and not without a step you can still influence.
The order they have to follow
- A reminder, giving you a short window to pay or agree a plan.
- A summons to a hearing, which you can attend.
- A liability order, granted at that hearing or in your absence.
- Enforcement agents, or an attachment of earnings.
The liability order is the gate. Everything that hurts comes after it. That is the step worth interrupting.
How the amount is set
The deduction is a percentage of your net pay, set by a schedule rather than by the council. It has protected earnings: if the deduction would leave you below a set level, it is reduced.
If the amount is wrong because your pay has changed, tell the council and ask for a new calculation. Ask in writing, and keep the payslips.
Two ways to stop it
First, agree a plan before the liability order. A plan in place usually removes the reason for an attachment. Second, if an order has been made, ask for it to be varied because of hardship, and give evidence: a budget, payslips, and essential costs.
Both are requests in writing. Neither needs a solicitor.
If it has already started
Check the figures on your payslip against the notice. Ask the council for a statement of the arrears. If the balance is wrong, or the deduction is larger than the schedule allows, query it in writing and ask them to correct it.
If you have several debts, get free advice before agreeing anything, because the order in which you pay changes how much you end up owing.
Questions
Can they take money without going to court?
No. An attachment of earnings needs a liability order, and that is granted by a court or a tribunal, even when you are not there. You are told about the hearing beforehand.
How much can they take each month?
A percentage of your net pay, set by a fixed schedule with protected earnings built in. The council does not choose the figure. If your pay changes, ask for a new calculation.
Will my employer be told?
Yes. The order is sent to your employer, who has to apply it through payroll. That is one reason to ask for a plan before the order is made, rather than after.
Keep reading
· 4 min read
What to do about a letter you cannot pay
Ask before they chase. How to write a payment plan request, what to say, and the difference between a bill and a court letter.
· 4 min read
How to reply to a council tax letter
What to say when the amount is wrong, when you cannot pay, and when you have already missed the date. With the wording for each.