Debts in Scotland – What is a decree?

A decree is a ‘money judgment’ issued by the sheriff courts in Scotland, and is the same as a County Court Judgment (CCJ) in England and Wales. It is an order to pay the amount claimed by a creditor, and the total may include additional interest and expenses of the court.

Details of all small claims and summary cause money decrees are kept within a public register held by the Registry Trust for a period of six years, and the details updated as necessary.

The Registry Trust also notifies the credit reference agencies when a decree is issued, recalled or dismissed, so the debtor’s credit file can be amended with each agency.

What can you do to prevent a decree being issued?

If you are experiencing threats of legal action by your creditors, there are certain steps you can take to protect yourself from a money judgment being issued against you.

The obvious solution if you are not disputing the debt is to pay what is owed, but this isn’t always possible when you are experiencing financial difficulty.

What occurs during enforcement action by the creditor?

Failing to pay the decree and not receiving extra time to pay will mean your creditor has the right to take enforcement action. This can include a variety of measures:

• Attachment: bailiffs can ‘attach’ some items kept outside of the home in lieu of monetary payment, with a view to selling them at auction
• Earnings arrestment: payments are taken from your wages at source
• Bank arrestment: money in your bank account is frozen

Scotland Debt Solutions can help if you are facing creditor legal action. We offer a same-day meeting to discuss your situation and find the best way forward. Call one of our expert team to discuss your needs and find a solution.