English bailiffs cannot act in Scotland
Citizens Advice Scotland puts it directly: “Bailiffs from elsewhere in the UK have no power of enforcement in Scotland.” A creditor from England has to go through a Scottish court process and instruct a sheriff officer.
Who sheriff officers are
Sheriff officers are officers of the court. They work for private firms or are self-employed, and take instructions to enforce court orders and deliver legal papers. Officers of the Court of Session are called messengers-at-arms. They are not police officers.
A sheriff officer has to show identification when asked. It is a red booklet with their photograph, signed by the sheriff clerk and bearing the crest of the Scottish Courts and Tribunals Service. A witness who attends with them will not carry one.
What has to happen first
A decree, or a summary warrant
Most creditors need a court decree. Some have fast-track powers and can obtain a summary warrant without a hearing. Citizens Advice Scotland lists councils for council tax and water charges, HMRC for tax, the Department for Work and Pensions for benefit overpayments, and the Child Maintenance Service.
A charge for payment
A formal demand, usually served by sheriff officers, confirming the creditor can enforce the debt. For a tax debt under summary warrant, HMRC says the charge gives 14 days to pay or agree a plan.
A Debt Advice and Information Package
This must be given with every charge. If it was not, the demand is not legally correct, although the creditor has 48 hours after delivering the charge to supply it.
Diligence
Only then can the creditor use one of the enforcement methods below.
The four kinds of diligence
| Method | What it does | Protection |
|---|---|---|
| Earnings arrestment | An employer is ordered to deduct money from wages. | The amount taken depends on how much is earned. |
| Bank arrestment | A bank or building society account is frozen. The money is released to the creditor after 14 weeks. | £1,000 is protected and can still be used. There is no protected amount for business accounts. |
| Inhibition | Stops a home being sold with the owner keeping the proceeds. It can last five years. | It does not force a sale. |
| Attachment | Possessions are listed and later sold at auction. | Only goods kept outside the home, unless a court grants an exceptional attachment order. |
Possessions: what can and cannot be attached
An ordinary attachment can reach
- Possessions kept outside the home, for example in a garage or on a driveway.
- A vehicle worth more than £3,000, or one the owner cannot show they need.
- Jointly owned items. The other owner can claim the value of their share.
Exempt from attachment
- Tools of the trade, books and equipment reasonably needed for work, up to £1,000 in value.
- A vehicle worth up to £3,000 that the owner can show they need.
- A mobile home that is the person’s only or main residence.
- Clothes, toys, and garden tools.
- Furniture, bed linen, a cooker, a computer and other household goods that are reasonably required.
To take anything from inside a home, the creditor has to go back to court for an exceptional attachment order. Where one is granted, Citizens Advice Scotland says a person will usually get 4 days’ notice of the visit, and that sheriff officers are “only allowed to come between 8am and 8pm from Monday to Friday unless they have a court order that says otherwise”.
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Entering a home
A sheriff officer can only come in with authority from the court, and can be asked to show the document. Where they have that authority they can use necessary reasonable force, which can mean forcing a door or breaking a lock.
When they are attaching possessions for a debt, they cannot enter if there is nobody present who is at least 16 and able to understand what is happening.
What can pause diligence in Scotland
- Time to pay. For most debts a court or tribunal can be asked for time to pay, which suspends an arrestment.
- A moratorium on diligence. Scotland has its own statutory moratorium, separate from Breathing Space, which does not apply in Scotland. mygov.scot explains how to apply.
- A Debt Payment Programme under the Debt Arrangement Scheme. A creditor cannot make someone bankrupt while they are in one.
- A Protected Trust Deed. Creditors cannot take action to enforce the debts it covers.
Free advice in Scotland is available from Citizens Advice Scotland, StepChange Debt Charity Scotland and local council money advice services.
Complaints about a sheriff officer
A complaint goes first to the firm the officer works for. If that does not resolve it, or the person does not want to complain to the firm, they can write to the Sheriff Principal through the sheriff clerk at the local sheriff court. Complaints can also be made to the officers’ professional body:
Society of Messengers-at-Arms and Sheriff Officers
Forth House, 28 Rutland Square, Edinburgh EH1 2BW
Telephone 0131 292 0321
Common questions
Can sheriff officers force entry?
Yes, where the court document gives them authority. Citizens Advice Scotland says they can use necessary reasonable force, such as forcing a door or breaking a lock. To take possessions from inside a home for a debt they need an exceptional attachment order.
Can an English bailiff collect a debt in Scotland?
No. Bailiffs from the rest of the UK have no enforcement powers in Scotland. The creditor has to register or pursue the debt through the Scottish courts and instruct a sheriff officer.
How much is protected in a bank arrestment?
£1,000. Where someone has several accounts with one bank the £1,000 applies across them together. Business accounts have no protected amount.
Do sheriff officers visit at weekends?
When taking possessions under an exceptional attachment order they are limited to 8am to 8pm, Monday to Friday, unless a court order says otherwise.
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Free debt advice is available
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.
- MoneyHelperGovernment-backed. Finds a free debt adviser nearby or online.
- StepChange Debt CharityFree debt advice online and by phone.
- Citizens AdviceDetailed help with bailiffs, online and in person.
- National DebtlineFree advice and sample letters, run by the Money Advice Trust.
Sources
- Citizens Advice Scotland: Sheriff officers
- Citizens Advice Scotland: Being forced to pay your debts
- Citizens Advice Scotland: If your house and possessions are being sold to pay your debts
- Citizens Advice Scotland: If a creditor takes money from your bank or building society
- GOV.UK: What will happen if you do not pay your tax bill (HMRC)