I have a judgment against a serviceman/woman
I have a judgment against a serviceman/woman and want to enforce by way of an attachment of earnings order – what do I do?
The courts are not allowed to make attachment of earnings Orders against service personnel and make any deductions from their pay or allowances.
It is however possible for deductions to be made from pay through the Defence Council, regardless of whether or not the defendant is stationed in the UK or not.
This applies to all branches of the armed services and is covered by legislation in respect of the Army, Navy and Royal Air Force.
What do I do first?
Firstly, write to the defendant requesting payment in accordance with the judgment. If payment cannot be made in full, invite payment proposals supported by a statement of means.
If payment proposals are agreed, you can ask for voluntary deductions to be made from their service pay and for these payments to be sent directly to you.
You should include the following information in your letter:- full details of the defendant including their rank and service number; confirm that you have made attempts to contact the defendant and persuade them to comply with the judgment; request that an order be made (under the provisions of the appropriate Act) for deductions from pay; give the name, address and claim number of the court to which payments should be made If you do not receive a payment within 3 months, contact the court to see whether payments have been received by them. If they have not received payments, contact the service authority enquiring as to why payments have not been deducted.
Useful Addresses:
| ARMY | |
|---|---|
| Officers - | The Ministry of Defence (Army)
SAA Mail Point 460 APC Kentigern House 65 Brown Street GLASGOW G2 8EX |
| Other ranks - | The Ministry of Defence (Army)
PPPA Mail Point 465 APC Kentigern House 65 Brown Street GLASGOW G2 8EX |
| Navy | |
|---|---|
| All personnel - | The Ministry of Defence (Navy) NPP (ACS) 2D Room 023 Centurion Building Grange Road GOSPORT Hants. PO13 3XA |
| Royal Air Force | |
|---|---|
| All personnel - | The Ministry of Defence (RAF) EDS AFPPA AIS 22A1 RAF Pay and Personnel Centre Room 13 Building 250 RAF Innsworth GLOUCESTER GL3 1EZ |
Fact Sheets :
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