How Long Does a Court Order Last in Scotland? Prescription and Enforcement Deadlines

The 20-Year Prescriptive Period

Under the Prescription and Limitation (Scotland) Act 1973, as amended by the Prescription (Scotland) Act 2018, a decree obligation is subject to a 20-year long-stop prescription period. The clock begins when the decree becomes enforceable. If a relevant claim is made before that period expires and remains pending when it would otherwise end, the period is extended until the claim is finally disposed of or the proceedings end.

This is not the same as a limitation period that bars the remedy but leaves the debt alive. In Scotland, prescription extinguishes the underlying obligation.

Events That Can Extend the Period

Executing diligence is treated as a relevant claim. A relevant claim can extend the 20-year period only if it is made before the period expires and remains pending at the 20-year point.

The 20-year period does not restart because the debtor makes a part-payment or acknowledges the debt in writing.

The Charge for Payment's Own Time Limit

A Charge for Payment remains valid as a foundation for diligence for two years from the date it is served. After two years, you cannot rely on it to instruct bank arrestment, earnings arrestment, or any other diligence. You would need to serve a fresh Charge.

This means you have a two-year window from the Charge's service date to execute diligence. If the debtor is deliberately hard to reach or is moving assets around, waiting too long after serving the Charge can leave you needing to start the process again.

When the Debtor Pays

Once the debtor pays the full balance — including the original award, interest, expenses, and any sheriff officer fees — notify the Sheriff Officer in writing so any active diligence can be withdrawn. Give the debtor a written receipt or discharge.

If the payment comes through a Sheriff Officer (after diligence), the officer accounts to you and updates their records. If the debtor pays you directly, tell the officer so they do not pursue further diligence. If the decree appears on the public register of decrees, send proof of payment to Registry Trust Limited so the record can be updated to show it as satisfied.

Record the payment date, the amount received, and keep proof. If you had registered an inhibition against the debtor's property, you will need to discharge it — a registered inhibition remains on the Register of Inhibitions until you formally remove it, even after the debt is paid.

The Practical Takeaway

Do not sit on a decree. The 20-year long-stop period runs from the date the decree becomes enforceable. Serve the Charge for Payment after the four-week waiting period, and instruct diligence before the Charge's two-year life runs out.

For a step-by-step enforcement walkthrough from the waiting period through to closing the case, the enforcement guide covers the full process including timelines and deadlines.

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