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1 Dealing with Debt
9. Going to court
After getting a judgment, the creditor can ask for you to be questioned in court about your circumstances, so they can find out how best to get the money you owe. In court, you can be ordered to answer questions on oath, about:
If you do not go to the hearing, the court could issue a warrant for your arrest. However, the creditor may call off the hearing if you give them the details they want.
If you don't make the payments
Warrant of execution
Attachment of earnings
If there is an attachment of earnings, the court will set a 'protected earnings rate' (PER). This is a level below which they can't make deductions. It is based on Income Support rates, and takes account of other earnings (like your partner's wages) and things you must pay for. The court will then set a normal deduction rate (NDR), which is normally between half and two-thirds of the difference between the PER and your wages or salary.
High Court enforcement
This leaflet is published by the Legal Services Commission (LSC). It was written in association with Birmingham Settlement.
The leaflets are regularly updated but the law may have changed since they were printed so the information in them may be incorrect or out of date.
Leaflet Version: April 2016
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CLS Legal Info Leaflets
(Legal Information Leaflets)