How to challenge a County Court Judgment in Scotland

What steps can I take to challenge a County Court Judgment issued in error or incorrectly?

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?

What is a County Court Judgment in Scotland?

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.

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:

• When you have proof that the decree was issued in error, such as when the debt is in someone else’s name
• If the debt amount was incorrectly stated
• When you didn’t know about the debt – your creditor may have sent reminder letters and demands for payment to the wrong address, for instance
• If you haven’t had the opportunity to defend it
• Where the creditor didn’t follow the correct protocol for issuing a decree

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.