Charge for Payment Scotland: How It Works and What Happens Next

What a Charge for Payment Actually Does

A Charge for Payment is a formal statutory demand served by a Sheriff Officer on someone who owes money under a court decision. It is not a letter you send yourself. It is not a reminder. It gives the debtor a fixed period — 14 days if they are in the UK, 28 days if they are abroad or their address is unknown — to pay the full balance before enforcement tools (called diligence in Scotland) can be used.

Without a Charge for Payment, you cannot execute a bank arrestment, an earnings arrestment, or any other form of diligence. It is the mandatory gateway between having a decision and actually recovering money.

Before You Can Serve a Charge

You need to wait. Under Rule 15.2 of the Simple Procedure Rules, the winning party must wait exactly four weeks from the date the Sheriff Clerk sends the Decision Form before taking any enforcement action. That includes serving a Charge for Payment.

Once that four-week window passes and no appeal is pending, you can instruct a Sheriff Officer to serve the Charge.

You will need to provide the officer with your certified Decision Form (Form 13A), a statement of the amount owed including any interest and expenses awarded, and the debtor's current address.

How Much Does a Charge for Payment Cost?

Sheriff Officer fees are statutory, regulated by Acts of Sederunt. Service of a Charge for Payment typically costs between £40 and £85 plus VAT, depending on the location and any travel required.

These fees are recoverable from the debtor. They get added to the total balance owed, so the debtor ends up paying for the enforcement you had to instruct because they did not pay voluntarily.

If the debtor is a consumer (an individual rather than a business), the Sheriff Officer must serve a Debt Information and Advice Package alongside the Charge. Failure to enclose this statutory leaflet makes any subsequent diligence void.

The 14-Day (or 28-Day) Clock

The Charge for Payment sets a strict countdown:

• 14 days when the debtor is within the United Kingdom
• 28 days when the debtor is outside the UK or their whereabouts are unknown

If the debtor's location is unknown, the Sheriff Officer serves the Charge on the Sheriff Clerk in the debtor's last known sheriffdom. The Clerk then advertises it on the SCTS website for four weeks.

The Charge remains valid as a foundation for diligence for two years. After that, you would need to serve a fresh one.

What Happens When the 14 Days Expire

If the debtor pays within the 14 days, the debt is settled. The Sheriff Officer confirms payment and you close the case.

If the debtor does not pay and does not lodge a recall application (Form 13B) or a time to pay application, the Charge expires and you can instruct diligence. Your options at that point include bank arrestment, earnings arrestment, attachment of goods, and inhibition — each targeting a different type of asset.

If the debtor files a Form 13B recall application within 14 days of being served with the Charge, enforcement pauses automatically while the court considers whether to cancel the original decision.

Choosing What Comes After the Charge

The Charge for Payment is the starting pistol, not the finish line. Which enforcement tool you instruct next depends on what you know about the debtor's situation — whether they are employed, where they bank, and whether they own property.

If you are enforcing a Simple Procedure decision and want a structured walkthrough of each enforcement tool, when to use it, and what it costs, the full enforcement guide covers the entire process from the four-week waiting period through to closing the case.

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