Centralised Attachement of Earnings Payments (CAPS)
Frequently Asked Questions
Frequently Asked Questions from the Claimant
Frequently Asked Questions from the Defendant
Frequently Asked Questions from the Employer
I've never used CAPS before, what's the procedure, when will payment be sent?
You should have received a copy of the Attachment of Earning Order (AEO) that explains the procedure in full. Payments will be sent to CAPS by the employer to comply with the terms of the order. CAPS will automatically monitor for payment and take action if a payment(s) is missed.
I haven't had a payment yet, what happens now?
The CAPS computer system will automatically send a reminder to the employer in form N449 to prompt a payment or a reason why payment cannot be made. If the employer does not reply, the local court may be invited to issue a summons against the employer for failing to operate the order.
What is the current position on this case?
CAPS staff will examine the case record or contact the employer as necessary to provide you with the latest information available.
The total amount on the order is incorrect, what do we do?
CAPS staff will examine the balance shown and speak to the local court to establish the correct balance if it differs.
My AEO is in arrears now, what are you going to do about it?
CAPS staff will examine the records to validate your claim that the order is in arrears. If the order is in arrears staff will contact the employer to obtain the latest information and will advise you of the outcome. The CAPS computer system will automatically send a reminder to the employer in form N449 to prompt a payment or a reason why payment cannot be made. If the employer does not reply, the local court may be asked to issue a summons against the employer for failing to operate the order.
Who do I need to tell about my new address/married name?
You should advise the local court which made the order and all the parties in writing of your change of name or address so that individual records can be brought up to date.
I haven't received the payment you say has been sent, what happens now?
CAPS staff will check the accounting records to see when payment was last sent to you. We may contact Paymaster (our Bank) to see if the payment has been presented. CAPS may seek the original cheque if it has been cashed or ask for the cheque to be stopped and replaced.
How will you/we know if the Protected Earnings Rate (PER) hasn't been reached?
CAPS staff will examine the system records to see if the employer has provided a reason why the PER has not been reached. If we have been given a reason this is normally sent to you. The CAPS computer system will automatically send a reminder to the employer in form N449 to prompt a payment or a reason why payment cannot be made. If the employer does not reply the local court may be asked to issue a summons against the employer for failing to operate the order.
I want an arrears order, what do I do?
You may apply to a Judge at the local court for a separate order to recover "Maintenance" payments that are in arrears. Arrears that may have accrued on non-maintenance cases cannot be recovered as an arrears order.
When are payments due?
Payments are due to be made to comply with the terms of the Attachment of Earnings Order (AEO), a copy of which has been sent to you and all the interested parties. Payments are expected by us within 7 days of the first payroll being run following receipt of the order by the employer. If payment is not forthcoming, the CAPS computer system will automatically send a reminder to the employer in form N449 to prompt a payment or a reason why payment cannot be made. If the employer does not reply the local court may be asked to issue a summons against the employer for failing to operate the order.
My payments are getting later and later, what are you going to do about it?
CAPS staff will contact the employer to regularise payment under the terms of the order. The employer will be advised that they must comply with the terms of the order. In the event that the situation does not improve CAPS will invite the local court to ask a Judge to issue directions as to how the situation can be resolved e.g. issue of a summons for failing to operate the order effectively.
The court have changed the order, have you received the new order yet?
Staff will look at the latest electronic records received by local courts. If you have received a varied order then CAPS should have been sent a copy also.
Why is the payment you send to me always lower than the Normal Deduction Rate (NDR)?
CAPS staff will examine the latest information from the employers to seek a valid reason why this is so. The NDR and the Protected Earnings Rate (PER) are determined by the local court. The PER is an amount the defendant receives as the minimum sufficient to support him/her self and dependants. The defendant may not have earned sufficient to reach the PER prescribed in the order. This amount must be reached before the NDR can be deducted. If the PER is not reached (e.g. this may be due to sickness, holiday entitlement or the defendant leaving his employment), then no deduction can be made. If you believe that the PER is set too high you may wish to consider making an application to the local court to have this figure varied.
What is the current balance outstanding?
CAPS staff will be able to confirm the date of the last payment received and can provide you with a history of payments received from the defendant's employer.
How do I pay this off?
The claimant has applied for an Attachment of Earnings Order (AEO) against you and this has been granted by the local court. The method and frequency of payment and the balance due are shown on the copy order sent to you, the claimant and your employer. Your employer will operate the order by making regular deductions from your wages or salary as prescribed in the order and forward them to this office and continue to do so until the debt is paid in full. As each deduction is received by CAPS it will be sent to the claimant.
What is the current balance outstanding?
CAPS staff will be able to confirm the date of the last payment received and can provide you with a history of payments received from your current employer.
How do I pay this direct/ pay more than the order says?
You will need to speak to the claimant, he may take additional payments direct, or agree to suspend the order. If the claimant agrees to do this they will need to write to CAPS and the local court.
The total amount of the debt is incorrect what do I do?
The total debt balance figures are provided by the claimant and forwarded via the local court. You should write to CAPS who will investigate on your behalf and will make adjustments if necessary based on what information is discovered.
This is paid in full how do I cancel the AEO?
CAPS staff will check the figures with the claimant and request written confirmation. CAPS will then make adjustment as necessary. When the case is paid in full a notice of discharge will be issued automatically.
I can't afford the NDR, how do I get it reduced?
You will need to contact the local court and make an application to vary the order.
I am no longer at that employer, what happens now?
You will need to put this in writing to CAPS and contact the local court to ask them to send you a form N56 (CAPS will update the claimant if the defendant has left the employment. CAPS will also issue a notice to inform the local court.)
Who do I tell about my new address/married name/new employer?
You will need to inform the claimant, the local court and CAPS in writing of any changes.
How can I stop this being sent to my employers?
The Attachment of Earnings Order has already been sent to your employer. If you wish to apply to suspend the order you must contact the local court.
How do I find out the amount I have paid off this debt to date?
You will need to satisfy CAPS staff that you are the defendant. CAPS staff will be able to tell you the outstanding balance on the case according to the records and send you a payment history. (The history only represents payments made under the Attachment of Earnings Order (AEO). If any payment(s) have been made prior to AEO you must speak to claimant direct for an adjustment to be made).
I think I have overpaid, what do I do/how do I get a refund?
CAPS staff will check the case payment records. If the case has been paid in full we will confirm that a form N339 (notice of discharge of AEO) has been sent to all the parties. If our records show that there is still a balance due we will contact the claimant to confirm the balance and advise you accordingly. If the AEO has been overpaid we will tell you by how much and ask the claimant to refund you the overpaid amount.
Important information when making attachment of earnings payments
So that we can process your payments as quickly as possible, please ensure that you include the following details with your payment:
- Court case number
- Attachment of earnings order number
- Name of the employee
Please also let us know if there are any changes to details for the employee in order that our records can be updated.
We have never had an AEO before, how do we operate it?
CAPS staff can send you an explanatory booklet telling you how the system works and what you should do.
What is this N449 for? / What is this N62 for?
A form N449 is a reminder that CAPS will send to the employer if a payment has not been received. It gives the employer an opportunity to make payment or provide a reason why payments have not been made e.g. defendant sick or left employment. The form N62 is a summons issued by the local court against the employer who has failed to make payment or provide reasons why payments have not been sent. It is issued after a form N449 has failed to produce a response by the employer.
The Protected Earnings Rate (PER) has not / will never be met what shall we do?
The PER is determined by the local court as part of the order. If you have been unable to make a deduction for the current pay period you must write to CAPS and give the reasons why. If you believe that the PER is set too high and will never be reached you should again write to CAPS and the local court. CAPS will write to the claimant and invite them to apply to the local court for the order to be varied.
The Defendant has left our employment, what now?
You must write to confirm that the defendant has now left your employment. You should tell CAPS the date when the defendant left and, if known, where the defendant is now working. The Attachment of Earnings Order will be marked lapsed once CAPS has been informed in writing.
The Defendant is paid weekly, fortnightly, monthly how do we convert the order?
There may be occasions where you can convert the order to suit your payroll e.g. weekly to monthly: multiply both the NDR by 52 and divide by 12 to equal a monthly rate. You will then need to repeat the formula for the PER figure.
You have sent my payment back, why?
There should be an accompanying letter giving reasons why the payment has been returned to you. This may show e.g. the case is now part of a Consolidated Attachment of Earnings Order (CAEO); or that No case number was quoted; your Cheque details are incorrect or don't match. You should correct the problem and resubmit your payment.
What is the balance outstanding? / Your balance differs from ours.
CAPS staff will be able to confirm the date of the last payment and the terms of the Attachment of Earnings Order. We will be able to provide you with a payment history of payments received to compare with the payments you have sent.
The Defendant tells us this order is now paid in full, what shall we do?
You should write to CAPS to clarify the balance outstanding. CAPS will check the records and telephone the claimant to obtain fax confirmation of the balance remaining. CAPS will make any adjustment if necessary. CAPS or the local court will send you a notice of discharge when the case has been paid in full. You should continue to make deductions until you have received a notice of discharge.
We sent you a payment & it has been allocated to the wrong case. What happens now?
CAPS staff will check the original paperwork that was sent with the payment. If an error is made CAPS will correct the problem immediately.
We have never had an AEO before, how do we operate it?
CAPS staff will send you an explanatory booklet telling you how the system works and what you should do.
The Defendant has other attachments, how do I know which order to operate them in?
County court Attachment of Earnings Orders take preference by priority (maintenance) and non priority (judgment debt) orders. Priority continues by date of issue. You should make deductions against the oldest order first. You may write to the local court and ask them to consider consolidating these orders as a Consolidated Attachment of Earnings Order (CAEO).
This is my employee's debt, not my own, why do I have to collect payments?
The Attachment of Earnings Act of 1971 places a legal obligation on employers to comply with the terms of an order served upon them. A booklet is available to help you to operate the order.
You have sent me a receipt but I never sent you a payment, what is it for?
CAPS will check the original instructions that came with the payment. If an error has been made CAPS will correct the error immediately and make sure that the outstanding balance on the case(s) involved are adjusted if necessary.
How do I get a receipt for the payments I make?
A receipt and prepaid envelope for your next payment will be automatically sent to you.
How do I get a copy of the order?
If you have sent us payments recently then it is assumed that you have a copy of the order. CAPS staff will check your address details on record and get written confirmation to update if necessary. A copy of the order can be sent to the correct address.
Have you received the latest payment we sent to you?
CAPS will check the records for the date the last payment was received. If the last payment sent to us has not been received you should contact your bank to confirm the current status of your cheque and obtain copy front & back of cheque if necessary.
How do I make payments in advance/what payment methods are accepted?
It is possible to make payments in advance but you must inform CAPS that you intend to do so otherwise automatic system reminders will be sent to you.
Accepted payments to CAPS are as follows:
- Cheque (made payable to Her Majesty's Courts Service or HMCS)
- Postal Order (made payable to Her Majesty's Courts Service or HMCS)
- BACS (please see additional information below in reference to making payments by BACS)
Important information when making attachment of earnings payments
So that we can process your payments as quickly as possible, please ensure that you include the following details with your payment:
- Court case number
- Attachment of earnings order number
- Name of the employee
Please also let us know if there are any changes to details for the employee in order that our records can be updated.
I want compensating for all this inconvenience, what will you do about it?
You are entitled to deduct £1.00 from the Defendants wages to cover your administration costs each time that you operate the order. CAPS will send you a prepaid envelope with a receipt. This acts as a next payment form. CAPS will send you an explanatory information booklet to help you operate the order.
We have sent you too much money/overpaid the debt, can you send it back?
CAPS will check their records for payment and ask you to confirm your request in writing. If we still hold the payment in our accounts we will return the excess to you. If the payment has been paid out to the claimant we will ask them to return the overpayment to us. CAPS will then forward the excess to you.
Payment of Attachment of Earnings Orders by BACS - Frequently Asked Questions
Why can I not just set up a standing order or direct debit to pay the Attachment of Earnings order, instead of sending a payment request to the bank each month?
CAPS cannot accept payments by standing order or direct debit because the amount deducted from your employee's wages can vary, e.g. if the protected earnings rate is not, or only partly, reached. In such instance, the employer should not deduct the full amount, but the standing order/direct debit still goes out for this sum. As a result it can be difficult to recover any overpayment as CAPS account for, and payout, attachment of earnings payments within a very short time period.
Why has my BACS payment been returned to me by HMCS payable order?
CAPS cannot hold onto BACS payments indefinitely and if schedules are not received or paperwork is not clear, payments will be returned. Currently, all payments and fees are returned via HMCS payable order. CAPS urge the employer to cash the payable order and either try to send the money by BACS again or send a cheque with the correct schedule. This is because it will take longer to revoke and reallocate our payable order than to simply resend the payment and information.
I have contacted CAPS, as I have not received a receipt for my BACS payment, and CAPS are unable to find my payment. Is there any further information I can give to aid CAPS in finding my payment?
Whenever contacting CAPS make sure that all of the following details are quoted:
case number;
employer name (as stated on bank statement);
bank account number;
sort code; and
amount of payment
This will help to ensure your payment can be located quickly and allocated if it is held in our 'suspense' account.
Can I make payments by CHAPS if I need a payment to be issued quickly?
CAPS can accept payments by CHAPS or RFT credits, however we recommend that the employer does not use this facility as CHAPS and RFT's do not give CAPS the same amount of information as a normal BACS payment would. This means CHAPS / RFT's are more likely to be returned to the employer or even the bank if the employer can not be determined. Returning CHAPS / RFT's to the bank is also very difficult as a lot of CHAPS / RFT's do not state bank account numbers and sort codes.
I have further BACS queries not covered by the above information. What should I do?
Please contact the BACS liaison officer on 0845 4085316 or email (ntonbacs@hmcourts-service.gsi.gov.uk) or post your queries/comments to County Court Bulk Centre, CAPS, Centralised Attachment of Earnings Payment System, PO Box 404, Northampton, NN1 2ZY.