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What is a decree or CCJ and how could it affect me?

Bailiffs and Legal Action

Sharon McDougall - Updated - 10th March 2025 - 2 minutes to read

What is a decree in Scotland?

In Scotland, County Court Judgments (CCJs) are referred to as a decree. Although known by a different name, a decree acts as a court order which requires an individual to pay the debt owed to their creditor, just like a CCJ.

How can a creditor get a decree against me?

If you are no longer able to pay your debts as and when the contractual monthly repayments fall due, the lender can apply to the courts and, if successful, can have a decree is issued against you to recover the debt.

Alternatively, lenders can obtain a summary warrant to recover certain debts such as council tax, income tax etc. If you have been issued with either of these by the court and are unsure of what to do, our knowledgeable team at Scotland Debt Solutions are here to offer expert debt help and advice.

In the majority of cases, smaller debts are recovered through the Sheriff’s Court whereas the Court of Session is usually reserved for larger debts. Whether you receive either a summons or an initial writ from the courts also depends on the size of your debt.

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What can I do if I am being threatened with a decree in Scotland?

You can apply for an ‘application in writing for a time to pay direction’ after a summons or initial writ has been served and before a decree is granted.

This paperwork gives you the opportunity to pay off your debts within a reasonable timescale. It’s important to complete this paperwork correctly and in good time, or your payment could be set at an unreasonable amount that you can’t afford to repay.

Paperwork issued by the courts can be extremely complicated. During a stressful time when you’re struggling to pay back your debts, it might be easier to discuss the situation with an experienced professional.

If you are still unable to meet payment deadlines following the decree, the lender can begin the process of ‘enforcing debt by diligence’, the technical term for debt enforcement in Scottish law.

As with most debt solutions, a decree will be damaging to your credit rating, so always discuss the situation with a professional before making a decision about the best course of action.

Our advisers at Scotland Debt Solutions can offer you the peace of mind you need to get your finances back on track when struggling with mounting debts.

Sharon McDougall

Manager

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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

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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.

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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.

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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

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Our Insolvency Practitioners are regulated by ICAS or the IPA and our firm is authorised and regulated by the Financial Conduct Authority

We have FCA authorisation for advice relating to Debt Arrangement Schemes and we are regulated by the ICAS and IPA when giving advice as an insolvency practitioner leading to our appointment in formal insolvency proceedings

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