How to use the N337 builder
- Enter the claim. Say where the judgment was given, and enter the court, the claim number and, if the judgment was made elsewhere, that court.
- Give the claimant’s details. Enter the claimant’s name and address and, if documents and payments go elsewhere, usually to the solicitors, that name, address and reference.
- Give the debtor’s details. Enter the debtor’s name and address and what you know of their work.
- State the debt. Confirm that a payment has been missed, and enter the balance due; the builder adds the issue fee to give the amount now due.
- Add the employment details. Give the employer’s name and address, the place of work, the job and any works number, and anything else relevant about the debtor’s circumstances.
- Download, sign and send. Choose who signs, download the filled N337, sign it by hand and send it with the fee to the Civil National Business Centre.
When an attachment of earnings order can be made
The County Court may make an attachment of earnings order to secure the payment of a judgment debt (Attachment of Earnings Act 1971 s.1(2)). On a creditor’s application, it must appear to the court that the debtor has failed to make one or more payments required by the judgment (s.3(3)), and the request certifies the amount remaining due and that the whole or part of an instalment due remains unpaid (CPR 89.4(1)). No order may be made where the debt, or the amount remaining payable, is less than £50 (CPR 89.7(14)). The order attaches earnings, so the debtor must have them: wages, salary, a pension or statutory sick pay (s.24).
The balance, the fee and the amount now due
Box 5 of the form asks for the balance due at the date of the request, excluding the issue fee but including the costs of any unsatisfied warrant, then the issue fee, £139 (fee 8.7), and the amount now due, which adds them together. With Help with Fees, the builder uses the fee you actually pay. Where costs are allowed on the application, PD 45 Table 7 allows £8.50 for each attendance at the hearing (CPR 89.10). For every enforcement fee and fixed sum, see the civil court fees calculator and the fixed costs lookup.
After the request
The court serves the debtor with a reply form (N56), to be filed within 8 days (CPR 89.5), and may ask the employer for a statement of earnings (CPR 89.6). A court officer with enough information may make the order, which either side may ask to be reconsidered within 14 days of service (CPR 89.7). On a County Court judgment that carries interest, taking enforcement proceedings stops interest unless they produce no payment at all, and no interest accrues while the order is in force (County Courts (Interest on Judgment Debts) Order 1991 art 4(1) and (3)).
Related tools
- The enforcement options calculator: every method side by side, with the fees and fixed costs
- Other enforcement forms: the N316 order to obtain information builder and the N349 third party debt order builder
- Interest: the judgment interest calculator
- Every free tool in one place: costs help for solicitors
Sources
- Form N337: request for attachment of earnings order (HMCTS, GOV.UK) and its attachment of earnings order guidance
- Attachment of Earnings Act 1971, sections 1, 3, 6 and 24
- CPR Part 89 (rules 89.2 to 89.7, 89.10 and 89.18 to 89.20), also on legislation.gov.uk
- CPR Part 70 (rules 70.3 and 70.7) and Practice Direction 70A (paras 1.1, 3.1, 6 and 7.1)
- Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, regulation 7
- Practice Direction 45 (Table 7, fixed costs of enforcement)
- Civil Proceedings Fees Order 2008, Schedule 1 (fee 8.7) and HMCTS’s EX50 fees list
- County Courts (Interest on Judgment Debts) Order 1991, article 4