"attachment order" person computing salary for deduction

An attachment order is an order directing the judgment debtor’s employer to deduct a specific sum (or percentage) of the judgment debtor’s wage/salary (or even benefit) and pay that sum directly to the creditor. Such deductions could be made until the judgment debt, costs and interest are repaid in full.

An employer who, without reasonable execute, fails to comply with the directions of the attachment order, commits an offence and could be liable on conviction to a fine.

The attachment order is appropriate in situations where the judgment debtor does not have any substantial assets of value that could be sold and result in immediate payment, but the judgment debtor is employed or on a benefit. The attachment order could also be obtained in combination with other enforcement methods, for example a sales order, where that enforcement method is not sufficient to satisfy the debt in full.

It is important for creditors to take this into account as part of considering taking action.

For a full analysis of enforcing judgments and attachment orders and relevant considerations for creditors, we refer you to the article by Norling Law: https://www.norlinglaw.co.nz/blog/enforcement-of-judgments-attachment-orders.

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