Civil Procedure
Can Earnings Be Attached for a Judgment Debt?
The distinction between attachment of earnings and bank funds, and protection of essential living needs.
A court procedure is required
Section 91A of Cap. 6 provides for attachment of earnings to satisfy a judgment debt. The court considers income and essential living needs of the debtor and dependants. Special protections, including those applicable to wages under the Employment Law, require separate consideration.
Bank attachment is a different mechanism
The protection of one month’s salary in a salary account under section 75A differs from an earnings order under section 91A. Section 91A excludes maintenance and social assistance payments from its scope. Payslips and statements help establish the nature of funds.
Changes may justify review
A material change in income, employment or essential expenditure may justify review. Supply evidence of earnings, housing, dependants and health expenses. Do not determine the applicable deduction solely from a percentage found online.
This publication is for general information and does not constitute legal advice on a particular matter. Legislation and case law may change. Seek legal assistance promptly, especially where a court or application deadline may apply.