The magistrates’ court fine bailiffs page explains what an enforcement agent can do once a warrant of control is issued. This article covers what the court can do instead of, or before, sending an agent: chiefly an attachment of earnings order and a deduction from benefits.
What the court can choose to do
Under Courts Act 2003, Schedule 5, paragraph 38, a fines officer has a list of further steps available against someone who has not paid. Sending an enforcement agent is just one. The others include an attachment of earnings order, an application for deductions from benefits, a clamping order on a vehicle registered in the person’s name, and enforcement through the county court or High Court.
The court chooses which step to use. It may move to deductions from wages or benefits because the person has no assets, because they are known to receive certain benefits, or simply as a more straightforward route. The person is not always warned in advance which method is coming.
Attachment of earnings: deductions taken by an employer
An attachment of earnings order tells an employer to deduct a fixed amount from each pay packet and send it to the court. The employer is legally required to comply. The order sets a protected earnings rate, meaning deductions must not reduce take-home pay below a level set by the court.
Attachment of earnings for a court fine works differently from the civil version used for county court judgments. The magistrates’ court version is governed by the Magistrates’ Courts Act 1980 and the Courts Act 2003. The order goes to the employer, not to the person who owes the fine, and the person’s wages are reduced before they receive them.
If employment changes, the obligation to notify the court applies. The order lapses when employment ends, but the fine does not. The court can issue a fresh order against a new employer.
Deductions from benefits: what can be taken
Where a person receives certain state benefits, the court can apply for deductions to be made at source by the Department for Work and Pensions. The process is separate from an attachment of earnings order and does not require the person to be in work.
Benefits from which deductions can be made include Universal Credit, Income Support, Jobseeker’s Allowance, Employment and Support Allowance and Pension Credit. The amount deducted is set at a rate intended to recover the fine without leaving the person without means.
Universal Credit is paid monthly. A deduction from Universal Credit reduces the monthly payment, so the effect is felt in full at the next payment date rather than spread week by week.
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How the court decides which method to use
A fines officer may look at the information already held about the person, including what was disclosed at the time of sentencing. If the court knows a person is in employment, an attachment of earnings is a natural first step. If the court knows a person is on benefits, a deductions application may be faster.
An enforcement agent is not always the first resort. GOV.UK explains that, once enforcement has started through an agent, payment may have to go through the enforcement firm with its fees added. If the court uses deductions from wages or benefits instead, those enforcement fees do not arise.
The further steps can also follow a failed bailiff stage. If an agent returns the case without recovering the fine, the court still has the other methods open to it. The debt itself is not cancelled. It goes back to the creditor, who has other ways to collect it.
Other steps the court can take
Further steps a fines officer can use
- Issue a warrant of control, authorising an enforcement agent to take goods.
- Make an attachment of earnings order, directing an employer to deduct from wages.
- Apply for deductions from certain benefits.
- Register the fine on the Register of Judgments, Orders and Fines, which affects credit records.
- Make a clamping order against a vehicle registered in the person’s name.
- Refer enforcement to the county court or High Court.
What a fines officer cannot do without a court hearing
- Commit a person to prison for non-payment without inquiring into their means and finding wilful refusal or culpable neglect, and finding all other methods have been considered or tried (Magistrates’ Courts Act 1980, section 82).
- Remit the fine without the court being satisfied it is just to do so because of a change in circumstances since conviction (Magistrates’ Courts Act 1980, section 85).
Contacting the court’s fines team
The notice of fine lists an Enforcement Office. Contact with the court can be made before a further step is taken, and the fines team can discuss payment. GOV.UK gives two fines payment lines: 0300 790 9901 in England and 0300 790 9980 in Wales. Fines can also be paid online at GOV.UK.
Court fines are excluded from Breathing Space, so a moratorium arranged for other debts does not pause a fine. The court’s own process remains the primary route for someone who needs to discuss how a fine is paid.
Breathing Space does not apply to magistrates’ court fines. Arranging a moratorium for other debts will not stop the court from taking further steps to collect a fine at the same time.
How enforcement agent fees compare
Where the court instructs an enforcement agent rather than making a deductions order, fees are added to the amount owed. With a car or without one, for most debts £79 is added when the notice is sent and £247 on the first visit. A further fee of £116 is added if goods are removed for sale. These fees are in addition to the original fine and can add significantly to the total owed. Deductions from wages or benefits do not carry these additional fees.
Can a court fine be taken from my Universal Credit?
Yes. A magistrates’ court can apply for deductions from Universal Credit and other qualifying benefits under Courts Act 2003, Schedule 5. The deduction reduces the monthly Universal Credit payment before it is paid out.
Will a court send bailiffs before trying to take money from wages or benefits?
Not necessarily. The fines officer chooses which further step to use. A deduction from earnings or benefits may be used before, instead of, or after an enforcement agent is instructed. The order in which steps are taken depends on what information the court has about the person’s circumstances.
Do bailiff fees get added if the court uses an attachment of earnings instead?
No. Enforcement agent fees are only added when an agent is instructed and a Notice of Enforcement is sent. With a car or without one, for most debts £79 is added when the notice is sent and £247 on the first visit. If the court collects the fine through an attachment of earnings or a benefits deduction, those fees do not arise.
What happens if the court cannot collect the fine through any of these methods?
The court retains all further steps while the fine remains unpaid. There is no time limit after which a magistrates’ court fine can no longer be enforced. The court can also hold a means inquiry and, as a last resort, consider committal to prison, but only if it is satisfied the default is due to wilful refusal or culpable neglect and that all other methods have been considered or tried.
Can the fine be reduced or written off if circumstances have changed?
A magistrates’ court can remit all or part of a fine under Magistrates’ Courts Act 1980, section 85, but only where it thinks that is just because of a change in the person’s circumstances since they were convicted. This is a decision for the court, not the fines team.
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These organisations give free, impartial debt advice and are independent of Bailiff Support Team. Nobody has to use a paid or commercial service to get help with their debts, and using one of the free services does not reduce the options available. Their advisers can also ask an enforcement firm to extend a notice period or apply for Breathing Space where it fits.
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Sources
- Courts Act 2003, Schedule 5, paragraph 38 (further steps against fine defaulters)
- Magistrates' Courts Act 1980, section 82 (restriction on imprisonment for default)
- Magistrates' Courts Act 1980, section 85 (power to remit fine)
- GOV.UK: Pay a court fine
- GOV.UK: Debt Respite Scheme (Breathing Space) guidance for creditors