Earnings Arrestment Order (EAO) - Q &A
When the court makes an Enforcement Order (EO), it also grants a warrant for civil diligence. This warrant gives the Fine Enforcement Officer the power to carry out the following types of diligence if you default in payment:
- Arrestment of earnings; and
- Arrestment of funds in accounts held at any bank or other financial institution.
The Fine Enforcement Officers power to carry out these types of diligence is regulated by the Scottish Ministers.
Will my employer know that I have an Earnings Arrestment Order?Yes, An Earnings Arrestment Order (EAO) instructs an employer to deduct money straight from your wages. Your employer then sends the money to the court. The deductions continue until the fine is paid in full. The employer calculates the rates of all deductions using fixed tables. These tables are set by the Diligence in Earnings (Variation) (Scotland) Regulations 2006.
Can my employer dismiss me if I have an Earnings Arrestment of Order?An Earnings Arrestment Order may be considered a disciplinary matter by some employers.
Can I lodge an appeal?There is no direct appeal to an Earnings Arrestment Order; you may wish to contact your solicitor for guidance.
Who can I contact?Each Sheriffdom has a Fines Enforcement Team, please visit the contact page.