Your creditors can start court action if you live in Scotland by applying for a decree or decision. A different process is in place in terms of court action in England and Wales and Northern Ireland.
Most of the court action commences in the Sheriff Court, but huge claims or obscure cases may be dealt with by creditors through the Court of Session.
Your creditor will normally ask a sheriff officer to issue you a charge for payment. This is a formal document stating that except you pay your debt or petition for time to pay, your creditor can demand payment that is usually within 14 days.
Can creditors take me to court in Scotland for my debt?
Your creditor can take you to court in Scotland under the following conditions:
- the total debts owed is up to £5,000: simple procedure notice of claim or form 6A from the court
- your debts are over £5,000: Initial writ
If your debt is regulated by the Consumer Credit Act, you will be sent with a default notice from your creditor. This notice must be given at least 14 days prior to commencing a court action. It is a must that you know how to deal with a decision or decree so you can consider the appropriate response.
Once you ignore either the claim of the initial writ or failed to comply with the decision or decree, creditors can commence diligence with the help of Sheriff Officers to compel you in paying the debt.
What’s the equivalent of a CCJ in Scotland?
In England, Wales, and Northern Ireland money judgment is known as County Court Judgment or CCJs. This is equivalent to the Decrees or Decisions in Scotland.
How long can a debt be pursued in Scotland?
The duration for your creditor to pursue debt collection depends on the court action that is in place against you. The timeframe for a Scottish debt regulated by the Consumer Credit Act to be prescribed is normally five years. Once your debt prescribed, your creditor can no longer chase for repayments.
Debt Help and Advice
If your creditor takes your debt to the court, this is a wake-up call to get debt advice. We can guide you in completing court form and in gaining control over your circumstances. Do not take your situation for granted use of free debt advice tool so we can help you get back on your feet.