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Decree or Court Decision: What Are My Rights?

This debt advice applies to individuals living in Scotland only.

If you do not negotiate for an arrangement with your arrears, your creditor can apply to the Sheriff Court for a decree or a court decision.

Court judgment in Scotland is referred to as decisions or decrees. This works differently from the court processes in England, Wales, and Northern Ireland.

In addition, if your debt is managed by the Consumer Credit Act, it must have been defaulted by your creditor before starting court action.

Moreover, getting a decision or decree can affect your creditworthiness as it will appear on the public register for a maximum of six years.

Paying My Debt through Installments

If you receive court papers indicating the amount that you need to settle, you must request to pay it through installments upon realizing that you cannot afford the payment.

You have to complete and sent back The Simple Procedure Time Pay Application, or the Application in writing for a time to pay direction in doing so. This appeal will be attached to your court files. Usually, you have within 21 days to complete and return this document. Failure to comply will make you held accountable for the debt, and the sheriff order might indicate paying the amount in full.

The form includes the amount you can afford which your creditor will check to agree. If your creditor rejects the offer, a hearing will be conducted to set payment terms or the sheriff can decide whether to accept or reject the offer.

Types of Scottish Court Orders

A decision or decree transpires when your creditor seeks court actions and the Sheriff has granted an order. If you have requested to pay for installments and this was agreed by either your creditor or Sheriff, you’ll obtain a Decision with an order for time to pay or a Decree with a time to pay direction. When this happens, you need to keep your payments up to date. If you don’t your creditor can take further court action or diligence.

If you didn’t appeal for time to pay or you sent back your forms too overdue, you’ll get a decision or a decree usually demanding for the entire amount to be repaid. Your creditors in this manner may take further court action if the entire amount is not repaid.

Available Debt Help and Support

If you are devastated in dealing with your debts, we can assist you through our online debt advice tool. Should you wish to speak via phone, call us on  0800 193 1024. Our debt experts will guide on how you can deal with your debts in a more realistic and convenient way.