Sheriff court claims - money or property

Sheriff court and credit debts

 
If you fall behind with payments to a creditor and cannot reach an agreement to pay the debt back, they may make a claim through the sheriff court to get a decree against you. 

Information:

not able to pay

It is not a criminal offence to have a decree and you cannot be sent to prison for not being able to pay it.

 
Non-priority creditors use the sheriff court. The following are some of the most common non-priority debts.
 
  • Unsecured business and personal loans
  • Business and personal credit cards
  • Store cards
  • Charge cards
  • Catalogues
  • Payday loans
  • Doorstep-collected loans

Information:

who makes the final decision?

The court makes the final decision about whether you can get time to pay the debt at a rate you can afford, not the creditor.

 
When sheriff court action is taken against you, you will get court forms which you should reply to and say what you can afford to pay. The sheriff court should consider your circumstances and your income and outgoings before making a decision about whether they give you time to pay. If you offer is small and it will take you a long time to pay the decree back, the court may not give you time to pay.


 

Further action creditors can take

If the court does not grant you time to pay your decree, or if you miss more than two payments after being granted time to pay, the creditor can take further action (diligence) against you. Diligence could include:
 
  • taking regular deductions from your wages if you are employed, called an 'earnings arrestment';
  • freezing money in your bank account, called 'bank arrestment'; or
  • using sheriff officers to try and arrange the seizure and sale of some of your belongings (called an 'attachment').

Priority debt

 
Sometimes, sheriff court procedures can be used by priority creditors.

 

Sheriff court action and housing debt

  • If you own your own business premises or your home, your mortgage or secured loan lender could make a claim in the sheriff court to repossess your property if you fall behind with payments on your business or household mortgage or secured loan.
  • If you rent your home, your landlord could take legal action to end your tenancy if you fall behind with rent payments.

See our fact sheet:

Business property leases.

  • If you rent your business premises, your business landlord can usually end your lease without taking any court action. To recover any money owed they would have to make a claim through the sheriff court to get a decree against you.
     

Household mortgage arrears

For more information about how to deal with mortgage arrears, see our detailed Household mortgage arrears fact sheet.

This fact sheet covers the following areas.

  • Coming to an arrangement with your lender.
  • What to do if you can't afford your mortgage.
  • What if my home is worth less than the mortgage?
  • Second mortgages or secured loans.
  • What if my mortgage lender takes me to court?

Rent arrears fact sheets

 

For more information about how to deal with rent arrears, see our detailed rent arrears fact sheet for social housing tenants or for private tenants.

These fact sheets will give you practical information and advice if you are behind on your rent. They will explain your options, and the processes your landlord must follow.

Use these fact sheets to:

  • work out what kind of tenancy you have;
  • find out if there is any help you can get with your rent;
  • help you negotiate with your landlord; and
  • get advice about dealing with court or tribunal action.

These fact sheets also include some useful contacts and links for you to get further help.

Sheriff court action and taxes

If you fall behind with business rates or council tax payments, your local council can apply to the sheriff court for a summary warrant.
 

See our fact sheet: 

Council tax recovery.

See our fact sheet:

Business rates.

 
 
 
 
 
 

Her Majesty’s Revenue & Customs (HMRC) can also do this if you have arrears of income tax, VAT or National Insurance contributions.

 

See our fact sheet:

Income tax debt.

 
 
 
 
 
 

Sheriff court action and hire-purchase or conditional-sale debt

If you fall behind with payments on a hire-purchase or
conditional-sale agreement, the lender could make a sheriff court claim to repossess the goods.


 

Sheriff court action and your credit reference file

A decree will be recorded on your credit reference file for six years. This will make it more difficult and expensive to get further credit.


 

Fact sheets for further help

We have a range of fact sheets that give more information about sheriff court action.

Fact sheet library