Sharon McDougall - Updated - 31st January 2024 - 2 minutes to read
A County Court Judgment (CCJ) in Scotland is called a decree. It’s a court order to repay a specific debt, but the rules are different between a County Court Judgment and a Scottish Court Decree.
So what is a decree in Scotland, and can you challenge one?
A Scottish Court Decree is a method by which a creditor can recover their money. Creditors typically try to recover a debt in this way when all other efforts have proved unsuccessful, such as agreeing a new repayment plan.
A County Court Judgment in Scotland indicates that debts have become unmanageable, and that immediate action is needed. It’s important to seek professional help when dealing with or challenging a County Court Judgment in Scotland, to make sure you understand your rights in this matter and the consequences of any action or inaction.
Get a rough indication of what your monthly repayments might be under each of our different debt solutions.
What happens when you receive a Scottish Court Decree?
When a Scottish Court Decree is issued it’s recorded in the Registry Trust, which is a publicly viewable register, and also on your credit record. This negatively affects your ability to borrow in the future, as it remains on your credit file for six years.
If you fail to pay the court order, your creditor can take further enforcement action to recover the debt. This process is called ‘diligence’ and can take various forms, including:
If you pay the debt in full within one calendar month of the decree being issued, the CCJ should then be removed from the Insolvency Register and your credit file. It’s worthwhile checking your credit file to ensure the decree has been removed if you’ve paid it off within 30 days, as your creditor may not have informed the credit reference agency that the debt has been satisfied.
If you pay off the debt after this 30-day period, the note on your credit file and with the Registry Trust will remain. You can apply for a certificate of satisfaction from your creditor, however, and this should be sent to the Registry Trust.
But can you challenge a County Court Judgment in Scotland with a view to having it set aside?
There are some situations where it may be possible to challenge the decree, and ultimately have it set aside. These include:
In all circumstances, when challenging a County Court Judgment in Scotland it’s crucial to obtain professional assistance. Scotland Debt Solutions has been helping Scottish residents to escape debt since 1989, and can provide the guidance you need.
We’ll let you know if you’re eligible to challenge the decree, and help you take steps to do so. Please contact one of our licensed insolvency practitioners – we offer free same-day consultations and work from offices around the country.
Borrowing money when you’re already deeply in debt requires careful consideration, and consultation with your trustee, as there are various factors associated with further borrowing in this situatio...
If you’re about to be discharged from a Trust Deed, you may be wondering to what extent your ability to obtain a mortgage has been affected.
If you’ve lost your job, state benefits and tax credits can provide vital financial support to see you through this tough time and help you avoid taking on too much debt while you look for more work...
Why Choose Us
Speak Direct With
A Qualified Adviser
We Don't Operate
5 Offices in Scotland
Ask us About
Fully Regulated Advisors
From a Reputable Firm
Helping Scots Get
Out of Debt Since 1989
We'll give you a call
Our Scottish based team can help advise you on your debt problems.
Our personalised debt report will help you better understand your financial position and see where your money is going.
Arrange a call with an expert advisor at a time to suit you or contact our team via WhatsApp for immediate help and advice.
We can help you with...
Sequestration is the Scottish version of bankruptcy and may be suitable for you if you do not have the money to pay back your debtsFind out More
A Trust Deed involves making a monthly contribution to your debts for up to four years. After this time any remaining debt included in the Trust Deed will not need to be paid.Find out More
A Debt Arrangement Scheme (DAS) lets you pay off your debt through a series of manageable instalments over a reasonable length of time.Find out More
Our Insolvency Practitioners are regulated by ICAS or the IPA and our firm is authorised and regulated by the Financial Conduct Authority
Fees and Information: There are fees associated with our services. These will be fully explained before entering into any of the personal debt solutions referred to on this website. Full details of our fees and how these are charged are fully explained to you prior to you committing to any particular service.