Simple Procedure Decision Not Paid: How to Enforce a Sheriff Court Judgment in Scotland

The Court Won't Collect for You

This is the part most people do not expect. Winning a Simple Procedure case in the Sheriff Court gives you a Decision Form — a formal order that the other side must pay. But the court does not enforce it. The Sheriff Clerk will not chase the debtor, send bailiffs, or freeze accounts. Enforcement is entirely your responsibility.

If the respondent ignores the decision, you need to take active steps to recover the money. There is a defined process for this, and it starts with waiting.

The Four-Week Waiting Period

Under Rule 15.2 of the Simple Procedure Rules, you must wait exactly four weeks from the date the Sheriff Clerk sent the Decision Form before you can take any enforcement action. This window gives the other side time to appeal. A recall application can be lodged after service of a Charge for Payment or execution of an arrestment.

Once the four-week wait has passed and no appeal is pending, you can move to the next step: serve a Charge for Payment. A Form 13B recall application may be lodged within 14 days after service of a Charge or execution of an arrestment, and a valid application pauses enforcement.

Serve a Charge for Payment

The Charge for Payment is a formal statutory demand served on the debtor by a Sheriff Officer — a regulated officer of the court, not a private debt collector. It gives the debtor 14 days (or 28 days if they are outside the UK or their address is unknown) to pay the full amount.

You instruct the Sheriff Officer by providing your certified Decision Form, a statement of the balance owed, and the debtor's address. Service of a Charge typically costs between £40 and £85 plus VAT. These fees are recoverable from the debtor.

If the debtor is an individual (not a company), the officer must also serve a Debt Information and Advice Package alongside the Charge. Omitting it makes any later diligence void.

After the Charge Expires: Your Enforcement Tools

If the debtor still does not pay after the Charge expires, you can instruct diligence — the Scots law term for the enforcement tools available to creditors:

Bank arrestment freezes money in the debtor's bank account. It catches funds above the £1,000 Protected Minimum Balance at the exact moment the officer serves the schedule on the bank. Typical cost: £70–£120 plus VAT.

Earnings arrestment deducts a portion of the debtor's wages directly through their employer, using statutory tables that protect a minimum floor (currently £750 per month). It continues until the debt is fully paid or employment ends.

Attachment allows a Sheriff Officer to seize moveable goods located outside the debtor's home — business equipment, vehicles, stock. Essential household items inside a dwelling are protected unless the court grants an Exceptional Attachment Order, which is rare.

Inhibition blocks the debtor from selling or mortgaging property in Scotland. It does not force a sale, but it prevents the debtor from disposing of property until the debt is cleared.

What If You Don't Know the Debtor's Assets?

Scottish civil procedure does not include post-judgment debtor examinations. There is no court order that forces the debtor to sit down and disclose their bank accounts, employer, or property. You need to gather what intelligence you can from public sources.

The Land Register of Scotland shows property ownership. Companies House shows corporate status and charges. The Accountant in Bankruptcy's registers show whether the debtor is in sequestration, a Protected Trust Deed, or the Debt Arrangement Scheme.

If the debtor has no attachable assets, no employment, and no property, enforcement becomes impractical regardless of which tool you choose.

The Enforcement Guide

If you want a structured walkthrough of the entire enforcement process — the waiting period, the Charge for Payment, each diligence tool with its forms, fees and timelines, and how to close the case — the complete enforcement guide covers it step by step.

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