Sheriff officers in Scotland: what they can and cannot do

Are there bailiffs in Scotland? Not in the English sense. In Scotland, council tax arrears are collected by sheriff officers, under different laws, with different powers.

Sheriff officers are appointed by the sheriff court and act on its authority. The main firms operating in Scotland include Scott & Co, Stirling Park and Walker Love.

They are not bailiffs, and the English guidance about enforcement agents, controlled goods agreements and the Taking Control of Goods Regulations does not apply to them.

What they can do

Serve a charge for payment, giving you fourteen days to pay
Arrest your wages through your employer
Arrest funds in your bank account
Attach goods outside your home, most commonly a vehicle
Charge fees, which are fixed by statutory table

What they cannot do

Enter your home to remove goods without an exceptional attachment order granted by a sheriff. These are rare, and a sheriff must be satisfied of several matters before granting one, including that you have been given money advice.
Have you imprisoned. Imprisonment for council tax arrears does not exist in Scotland.
Take goods that do not belong to you, or that are exempt.

The practical effect is significant: in Scotland, the risk from council tax recovery is overwhelmingly arrestment of wages or bank funds, not people turning up to take your possessions.

The charge for payment

This is the formal document that starts the clock. It gives you fourteen days.

Within those fourteen days:

You can pay in full
You can agree an arrangement with the council
You can apply for a Debt Arrangement Scheme payment programme, and a DAS application brings a moratorium that stops diligence while it is considered

After fourteen days, arrestment can begin without further notice.

Earnings arrestment

Deductions are calculated from your net earnings using statutory tables, and the rate rises with income. A protected minimum is preserved. See wage arrestment in Scotland.

Only one earnings arrestment for an ordinary debt can be in force at a time against the same earnings, though a conjoined arrestment order can be used where there are several creditors.

Bank arrestment

Funds are frozen and, after a period, transferred to the creditor.

A protected minimum balance is preserved automatically. Beyond that, if the arrested funds are benefits or other protected payments, you can object, but you must do so promptly, using the court forms, within the time allowed.

If a bank arrestment catches money you need for rent or food, act immediately and get advice the same day.

Fees

Sheriff officers’ fees are fixed by statutory table and are added to the debt. They are generally lower than English enforcement agent fees, but they still increase at each stage, which is another reason to deal with a charge for payment inside the fourteen days.

Complaints

Sheriff officers are regulated by the Society of Messengers-at-Arms and Sheriff Officers, and are officers of the court.

Complain first to the firm, then to your council as the instructing party, then to the Society. Serious misconduct can be reported to the sheriff court.

As with any enforcement contact, keep a written note of the date, time, name and what was said.

Questions people ask in Scotland