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What legal steps can we take against you?

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The Revenues Division can enforce the payment of your debt once they have obtained a Summary Warrant. There are several ways we can do this including:-

  • Arrestment - Bank Arrestment prevents you accessing money in your bank, building society and credit union accounts. We can apply for money to be transferred directly to them to pay your debts.   Earnings Arrestment orders your employer to deduct a percentage of your wage every pay day and pay the money deducted directly to us.
     
  • Attachment - Attachment prevents you from selling your possessions and can lead to a Messenger-at-Arms or Sheriff Officer taking the items to sell at auction to recover the money owed to us. Usually, we cannot attach items kept in your home or items essential to your trade or profession but there are exceptions to this.
     
  • Inhibition - Inhibition allows us to stop you selling, transferring or re-mortgaging your house or land unless you pay your debt to us. It does not allow us to sell your property. 
     
  • Bankruptcy - also called Sequestration (134KB PDF) in Scotland. Bankruptcy has serious consequences for you. It will affect your credit rating for several years and may make it difficult to access credit or bank accounts in the future. Bankruptcy can also lead to the loss of your home, savings, assurance policies and other articles of value, as well as creating difficulties for some forms of employment. 

All of the above actions incur additional cost to both the Council and the debtor therefore the best way of recovering debts is by entering into a repayment plan.

You may receive a Debt Advice and Information Package leaflet (322KB PDF) at various stages as it must be provided if we are taking steps to recover the money you owe through a court or legal process or if we intend to petition for your bankruptcy.

The Accountant In Bankruptcy have published a document 'Debt and the Consequences' to highlight the consequences of being in debt and to provide information on the help available for those in debt.

 

This information is provided by the Finance Department

 
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