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Form N86: Application for Attachment of Earnings (2026 Guide)
When a county court judgment remains unpaid and you know the debtor is in employment, an attachment of earnings order is one of the most effective enforcement tools available to you. Rather than relying on the debtor to choose to pay, it directs their employer to make automatic deductions from the debtor’s wages and pay those sums directly to the court for forwarding to you. Form N86 is the application form that starts this process. This guide explains when and how to use it, what happens at each stage, and what you should know about the protected earnings rate and the employer’s obligations.
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When Do You Need Form N86?
You need Form N86 when you hold an unsatisfied county court judgment and you have reason to believe the debtor is currently in paid employment. Attachment of earnings is available under the Attachment of Earnings Act 1971 and is one of the standard enforcement methods available in the county court.
The key limitation is that attachment of earnings applies only to employed debtors. It cannot be used against:
- Self-employed debtors (who pay themselves by means other than PAYE wages).
- Debtors whose income is derived solely from benefits, pensions, or investment returns.
- Companies or partnerships — attachment of earnings applies to individuals only.
- Debtors who are currently unemployed.
If the debtor changes employment after an order is made, the order lapses and you will need to take steps to have it applied to the new employer once you identify them.
You should also be aware that the court will not make an attachment of earnings order if the judgment debt falls below the minimum threshold set by the Attachment of Earnings Act 1971. In practice this threshold is modest, but you should confirm that your outstanding balance exceeds it before applying.
What Form N86 Is Used For
Form N86 initiates an application for an attachment of earnings order. It is filed with the county court and triggers a process in which the court contacts the debtor, obtains information about their earnings and essential outgoings, and then calculates two critical figures: the normal deduction rate and the protected earnings rate.
The normal deduction rate is the amount the court directs the employer to deduct from each pay period. It is set at a level the court considers sufficient to clear the outstanding debt, including any interest and costs, within a reasonable time.
The protected earnings rate is a floor below which the debtor’s net earnings must not fall as a result of the deduction. It is intended to ensure that the debtor retains enough income to meet basic living expenses. If the debtor’s earnings in any pay period are at or below the protected earnings rate, the employer makes no deduction for that period.
The order is served on the employer by the court. The employer is legally obliged to comply. An employer who fails without reasonable excuse to comply with an attachment of earnings order commits a criminal offence and can be fined.
How to Complete and File Form N86: Step by Step
The application process involves several stages and requires accurate information about both the judgment and the debtor’s employment circumstances.
Step 1 — Obtain the current version of Form N86 from the HMCTS website.
Do not use a stored or printed copy that may be out of date. Form N86 is available on the official HMCTS forms portal. Always verify you are using the current version before completing it.
Step 2 — Identify the correct court.
You must apply in the county court for the district in which the debtor resides. This is important: unlike some other enforcement methods, attachment of earnings is handled by the court for the debtor’s area, not the court that made the original judgment. If the original judgment was made in a different court, you may need to apply to transfer it to the debtor’s home court before filing Form N86 — or you can ask that court to send the application directly to the appropriate court.
Step 3 — Enter the judgment details.
Complete the claim number, the names of the judgment creditor and judgment debtor exactly as they appear on the judgment, the date the judgment was made, the total amount of the judgment, and any interest and costs included in or added to the judgment since it was made.
Step 4 — State the outstanding balance.
Set out clearly what remains unpaid as of the date of the application. Include any interest that has accrued since the judgment was entered if the judgment carries interest. Courts require the figure to be calculated to the date of filing.
Step 5 — Provide the debtor’s employment details.
You must provide the name and address of the debtor’s employer. If you do not have the employer’s address, provide as much information as you have — the court has powers to assist in identifying employers in some circumstances, though the primary obligation is on you to provide this. If you do not know the employer at all, you may need to use a different enforcement route (such as an oral examination under Form N39) to obtain that information first.
Step 6 — Provide the debtor’s residential address.
The court will need to send documentation to the debtor at their home address. Ensure the address is current. If you are unsure whether the debtor still lives at the address you hold, consider conducting a tracing exercise before filing.
Step 7 — Complete the statement of truth.
As with all court applications, Form N86 must be verified by a statement of truth. You (the judgment creditor) must sign the statement confirming that the facts stated in the application are true. A false statement of truth is contempt of court. Check every figure carefully before signing.
Step 8 — File the form and pay the court fee.
File Form N86 at the appropriate court with the applicable fee. Court fees are set by the Civil Proceedings Fees Order and are revised periodically. Check the current fee schedule on the HMCTS website before filing. Retain your receipt.
Step 9 — Wait for the court to contact the debtor.
Once the application is filed, the court sends documentation to the debtor asking them to provide a statement of their earnings and essential outgoings. This is the debtor’s “reply to the application.” The debtor has a specified period within which to respond.
Step 10 — Attend or respond to any hearing.
In many cases, the court will deal with the application on the papers using the debtor’s reply. However, if the debtor disputes information, raises an objection, or fails to reply, the court may list a hearing. You should be prepared to attend and to confirm the outstanding balance and the information you provided in Form N86.
Step 11 — Receive and check the order.
Once the attachment of earnings order is made, the court serves it on the employer and sends you a copy. Check the normal deduction rate and protected earnings rate. If you consider the normal deduction rate to be unreasonably low, you can apply to have the order reviewed.
Step 12 — Monitor compliance and payments.
The court collects the sums deducted and pays them to you periodically. Keep records of payments received. Once the full debt, interest, and costs are discharged, notify the court promptly so the order can be discharged and the employer informed.
Key Deadlines
There is no statutory time limit within which you must apply for an attachment of earnings order after obtaining a judgment, but delay is inadvisable for practical reasons: the debtor may change employer, become unemployed, or accrue other judgment debts that compete with yours.
Once the application is filed, the following timetable applies in broad terms.
| Event | Timeframe |
|---|---|
| Court sends earnings questionnaire to debtor | Shortly after Form N86 is filed |
| Debtor’s deadline to reply with earnings statement | Set by the court (typically 14–21 days) |
| Court makes order or lists hearing | After receipt of debtor’s reply or on failure to reply |
| Employer notified by court | Following the making of the order |
| Employer begins deductions | From the next pay period after service of the order |
If the debtor fails to reply to the court’s questionnaire, the court may issue a suspended committal order or list a hearing at which the debtor must attend to give evidence about their means.
What Happens After the Order Is Made?
The attachment of earnings order is served by the court directly on the employer. From that point, the employer is legally obliged to make deductions from the debtor’s wages at every pay period, provided the debtor’s earnings in that period exceed the protected earnings rate.
The employer sends the deducted sums to the court. The court retains a small administrative fee and pays the net amount to you, usually on a periodic basis. You do not deal directly with the employer.
If the debtor’s earnings fluctuate and fall below the protected earnings rate in a given period, no deduction is made for that period. The outstanding balance continues to accrue and the order remains in force — the employer simply resumes deductions when the debtor’s earnings recover above the protected rate.
If the debtor changes employer, the order lapses. The former employer must notify the court when employment ends. You will need to obtain new employment information and apply to the court to have the order applied to the new employer. This can involve a further application.
Once the full judgment debt, interest, and costs have been collected and paid to you, the court will discharge the order. Notify the court promptly when you have received full satisfaction to avoid overpayments.
If at any point you discover the debtor has become self-employed or unemployed, the attachment of earnings route is no longer available. You may need to switch to a different enforcement method — such as a charging order if the debtor has acquired property, or a third party debt order if they hold funds in a bank account.
Common Mistakes When Applying for Attachment of Earnings
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A: You must provide the employer’s details in Form N86. If you do not know the debtor’s employer, you may first need to use an oral examination (Form N39) to compel the debtor to attend court and provide information about their means, including their employer. Alternatively, some creditors use tracing agencies to locate employment details. You cannot file Form N86 without providing at minimum the employer’s name.
Q: Can the debtor avoid the order by resigning from their job?
A: An attachment of earnings order lapses when employment ends. A debtor who deliberately resigns to avoid the order may be viewed very poorly by the court if further enforcement proceedings are needed. However, preventing deliberate evasion is difficult, and if the debtor becomes unemployed or self-employed you will need to pursue a different enforcement route.
Q: Is there a minimum judgment debt before I can apply?
A: The Attachment of Earnings Act 1971 provides that certain minimum conditions apply. In practice, the court will not make an order where the debt is so small that deductions would be disproportionate to the administrative burden. Check the current guidance on the HMCTS website if your judgment is for a modest sum.
Q: How long does an attachment of earnings order last?
A: The order remains in force until the full debt, interest, and costs are paid. There is no fixed end date. Once the debt is fully satisfied, the order must be discharged — it does not expire automatically. If the debtor changes employer or ceases to be employed, the order lapses but can be renewed against a new employer.
Q: Does the employer know why the deduction is being made?
A: The attachment of earnings order served on the employer identifies it as a court order for the recovery of a judgment debt, but it does not contain detailed information about the underlying claim. The employer is simply directed to make the required deductions. They are obliged to keep the order confidential from third parties but they are aware that a county court judgment exists against the employee.
Related Court Forms & Guides
- Form N260: Statement of Costs — the costs schedule used at summary assessment.
- Form N244: Application Notice — the form for interim applications.
- Start a Money Claim Online (OCMC) — where most civil money claims begin.
- Particulars of Claim — setting out the basis of your claim.
- Civil Court Forms Index — every civil court form guide in one place.
Frequently asked questions
What is Form N86 used for?
Form N86 starts an application for an attachment of earnings order in the county court. It is for creditors who hold an unsatisfied county court judgment against a debtor who is in paid employment. Once an order is made, the court directs the debtor’s employer to deduct sums from each pay period and pay them to the court, which then forwards the money to you.
Can I use attachment of earnings against any debtor?
No. Attachment of earnings applies only to employed debtors whose income is paid as wages. It cannot be used against self-employed debtors, debtors whose income comes solely from benefits, pensions or investments, companies or partnerships, or debtors who are currently unemployed. For those situations a different enforcement route may be needed.
Which court do I apply to?
You apply in the county court for the district where the debtor lives — not the court that made the original judgment. If the judgment was made elsewhere, you may need to transfer it to the debtor’s home court before filing, or ask the court to send the application to the appropriate court. Filing in the wrong court causes delay.
What if I don’t know the debtor’s employer?
You must provide at least the employer’s name in Form N86. If you do not know the employer, you may first need an oral examination (Form N39) to compel the debtor to attend court and disclose their means, including their employment, or use a tracing exercise to identify it.
What are the normal deduction rate and protected earnings rate?
The normal deduction rate is the amount the court directs the employer to deduct each pay period to clear the debt, interest and costs within a reasonable time. The protected earnings rate is a floor below which the debtor’s net earnings must not fall — if earnings in a period are at or below it, no deduction is made for that period.
How long does an attachment of earnings order last?
The order stays in force until the full debt, interest and costs are paid; it does not expire automatically and must be discharged once satisfied. If the debtor changes employer or stops being employed the order lapses, and you must take steps to identify the new employer and apply to have the order applied to them.
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Related guides: Form N39: Order to Attend Court for Questioning · Form N83: Interim Charging Order · Form N244: Application Notice · All civil court forms