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Earnings arrestment. What is it and what are my rights?

An earnings arrestment is a type of diligence. It orders an employer to make regular cuts from your wage to pay a debt. This can be monthly, weekly or daily.

An earnings arrestment is a common type of diligence in Scotland. It stays in place until you pay off the debt.

 

Read our advice on Scottish court action if:


  • You do not know what diligence is, or
  • You have a Scottish Court decision or decree

How does an earnings arrestment work?

An earnings arrestment is a form of diligence.

This is enforced if you have:


  • A decision or a decree and
  • A 'charge to pay' or a 'charge for payment' which you have not been able to pay

What is a 'charge to pay' or 'charge for payment'?

A 'charge to pay' and 'charge for payment' give you 14 days to pay the debt in full. Some of the people you owe may be willing to work out an informal payment arrangement with you.

Seek debt advice if you get one of these.

A 'charge to pay' and a 'charge for payment' are the final notice to you to pay.

The creditor starts diligence if payment is not received by the date stated on the form.

You should get a 'Debt Advice and Information package' with these notices which tells you:


  • Information on your rights, and
  • Where and how to get advice

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Our guide to dealing with debt in Scotland covers:


  • Debt collection processes
  • Where to get help
  • Budgeting
  • What to expect from a debt advice session

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How much can be deducted from my wage?

The amount taken from your wages depends on how much and how often you are paid.

Deductions are made from your net (after tax) income. A minimum amount of earnings are exempt before a percentage is taken and sent to the people you owe.

As 6 April 2022, this minimum amount is:


  • £566.51 per month
  • £130.73 per week
  • £18.63 per day

The table below shows what amounts can be taken from your wage in daily, weekly and monthly amounts.

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Deductions from weekly earnings

Net earnings Deduction*
Less than £130.73 Nil
More than £130.73 but not over £472.54 £4.00 or 19% of earnings over £130.73, whichever is more
More than £472.54 but not over £710.42 £64.94 plus 23% of earnings over £472.54
More than £710.42 £119.66 plus 50% of earnings over £710.42

Deductions from monthly earnings

Net earnings Deduction*
Less than £566.51 Nil
More than £566.51 but not over £2,047.65 £15.00 or 19% of earnings over £566.51, whichever is more
More than £2,047.65 but not over £3,078.47 £281.42 plus 23% of earnings over £2,047.65
More than £3,078.47 £518.51 plus 50% of earnings over £3,078.47

Deductions from daily earnings

Net earnings Deduction*
Less than £18.63 Nil
More than £18.63 but not over £67.32 £0.50 or 19% of earnings over £18.63, whichever is more
More than £67.32 but not over £101.21 £9.25 plus 23% of earnings over £67.32
More than £101.21 £17.05 plus 50% of earnings over £101.21

Working out your deductions

Let's say you earn £63.34 daily.

This means you either have a deduction of £0.50 or 19% of earnings over £18.63. So you need to work out which is more as that will be the deduction.


  • Make sure you have a calculator to hand. To work out 19% of your earnings you must:
  • Convert the percentage into a decimal. To do this, just put a 0. before the percentage value. In this case, it would be 0.19
  • Times your earnings by the decimal you just converted. 63.34 x 0.19 = £12.0346
  • Round to the nearest whole penny (two decimal places).
  • Round down if the last two numbers are 50 or below
  • Round up if they are 51 or more
  • In this case, the last two numbers are 46, so we would round down and our final amount is £12.03

In this example, £12.03 is higher than the standard £0.50 deduction, so that is deducted from your wage.

Source: Legislation.gov.uk

Earnings arrestment help and advice

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