Check If You Qualify

How to challenge a County Court Judgment in Scotland

Sharon McDougall - Updated - 22nd July 2024 - 2 minutes to read

What is a County Court Judgment in Scotland?

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.

While we cannot help you to challenge a County Court Judgment or Court Decree, we can help you if you would like to set up a payment plan or explore your debt solution options to help you settle what you owe.

So what is a decree in Scotland, and can you challenge one?

County Court Judgment vs Scottish Court Decree

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.

Scotland Debt Calculator

Get a rough indication of what your repayments might be under each of our different debt solutions.

Your Total Debt

£0 - £5,000

£5,000 - £10,000

£10,000 - £20,000

£20,000+

Your Employment Status

I am employed

I am self-employed

I am unemployed

I am a student

I am retired

Your Total Monthly Income

£0 - £1,000

£1,000 - £2,000

£2,000 - £3,000

£3,000+

What can you pay monthly towards your debt?

£0 - £100

£100 - £200

£200 - £300

£300+

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:

  • An Attachment of Earnings Order that instructs your employer to deduct a sum towards the debt directly from your wages
  • A Bank Arrestment – this means the funds in your bank account are frozen, and a sum transferred to repay your creditor
  • An Attachment of Property – to seize and remove possessions from your home

What happens if you pay the debt after a decree?

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?

Is it possible to challenge a CCJ in Scotland?

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.

facebook colour icon linkedin colour icon messenger colour icon whatsapp colour icon email colour icon
Sharon McDougall Square

Sharon McDougall

Manager

Other Articles

9 practical tips for cutting your household expenses Household Expenses

9 practical tips for cutting your household expenses

We all want to save on our household bills and have more money in our pocket for the fun things in life. While bills are an unavoidable fact of life, here are some ways you can help to reduce them:

7 Advantages of using a Debt Arrangement Scheme to become debt-free Debt free happy woman

7 Advantages of using a Debt Arrangement Scheme to become debt-free

If you’re trying to deal with overwhelming amounts of debt, you may be eligible for the Debt Arrangement Scheme in Scotland.

10 steps to take now to improve your credit rating Credit Rating

10 steps to take now to improve your credit rating

If you are currently working on reducing the amount of debt you have, improving your credit score may not be at the top of your agenda.

About

Why Choose Us

Usp Discussion

Speak Direct With

A Qualified Adviser

Headset

We Don't Operate

Call Centres

Usp Location

5 Offices in Scotland

National Coverage

Usp House

Ask us About

Home Visits

Usp Award

Fully Regulated Advisors

From a Reputable Firm

Usp Hand Heart

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.

Here at Scotland Debt Solutions we take your privacy seriously and will only use your personal information to contact you with regards to your enquiry. We will not use your information for marketing purposes. See our Privacy Policy.

Tools

Useful Tools

Personalised Debt Report
Usp Planner

Personalised Debt Report

Our personalised debt report will help you better understand your financial position and see where your money is going.

Debt Report
Instant Scheduled Call & WhatsApp
Headset

Instant Scheduled Call & WhatsApp

Arrange a call with an expert advisor at a time to suit you or contact our team via WhatsApp for immediate help and advice.

Arrange Callback
Find a Local Office
Usp Signpost

Find a Local Office

We have five offices located across Scotland. Find your nearest one here.

Find an Office

OUR SERVICES

We can help you with...

Sequestration

Sequestration

Sequestration is the Scottish version of bankruptcy and may be suitable for you if you do not have the money to pay back your debts

Find out More
Trust Deeds in Scotland

Trust Deeds in Scotland

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
Debt Arrangement Scheme (DAS)

Debt Arrangement Scheme (DAS)

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
Business Debts
Icon Briefcase

Business Debts

Whether you are a sole trader or a limited company director, we can help you work through your current financial problems including money owed to HMRC

Business Debts

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.

ICAS Insolvency Practitioners