Time to Pay in Scotland: Form 5A Explained

When the Respondent Admits They Owe You — But Cannot Pay in Full

You file a Simple Procedure claim, serve the papers, and the respondent does not dispute the debt. Instead, an individual respondent lodges Form 5A — a Time to Pay Application under the Debtors (Scotland) Act 1987 or, for a regulated credit agreement, the Consumer Credit Act 1974. Companies and other organisations cannot apply for time to pay using this process. The respondent admits the claim and asks the Sheriff to let them pay in instalments or by a deferred lump sum.

This is not a defence. It is an acknowledgement that the debt exists. The question shifts from "do they owe you?" to "how quickly do they have to pay?"

How the Process Works

After the respondent submits Form 5A through Civil Online, by post, or by handing it to the Sheriff Clerk, the court sends you Form 5B — a Time to Pay Notice. You have two weeks to respond.

You have two weeks to indicate on Form 5B whether you accept or object to the offer. If you accept it, the Sheriff may grant the application and make a decision without a hearing. If you object, the Sheriff must arrange a time-to-pay hearing, hear both sides, and decide whether to grant or refuse the application.

If you do not accept or object within two weeks, the Sheriff must decide whether to grant or refuse the application; you may not need to attend court.

What the Respondent Proposes

Form 5A asks the respondent to set out their financial position: income, essential outgoings, dependants, other debts. They propose either regular instalments (weekly, fortnightly, or monthly) or a single lump-sum payment by a specific date.

Common proposals look like £50 per month on a £2,500 debt, which would take over four years to clear. The respondent has to show the court that the proposal is realistic — not just a delaying tactic.

Should You Consent or Object?

Consider objecting if the proposed instalments are unreasonably low relative to the debt, if the repayment period stretches beyond what is reasonable, or if you have evidence the respondent can afford more than they claim.

Consider consenting if the instalments are reasonable and you want to avoid the delay of a Sheriff's decision, or if you think objecting will not change the outcome significantly. A time-to-pay order at least gives you a legally enforceable schedule, subject to the required enforcement process if the respondent defaults.

What Happens to Your Expenses Claim?

A time-to-pay application does not remove your ability to claim expenses. Since the Cabot v Walls ruling (May 2025), the court must receive an account of the expenses claimed before deciding the case. If you are unrepresented, lodge the SCTS Expenses Claim Form pro-forma with Form 5B. The court may award some or all of the expenses claimed.

The statutory expenses caps still apply: no expenses on claims of £300 or less (though outlays like the court fee are still recoverable), capped at £150 for claims over £300 and up to £1,500, and 10% of claim value for claims over £1,500 and up to £3,000. These caps do not apply if the respondent stated no defence, abandoned a defence, or acted in bad faith.

If the Respondent Defaults

If the respondent misses payments under an order, enforcement is not automatic. For a money decision, wait four weeks after the decision form is sent before enforcing it, and have a Sheriff Officer serve a Charge for Payment. The charge gives two weeks to pay if the respondent is in the UK, or four weeks if they are outside the UK or their address is unknown. If it remains unpaid after that period, you can instruct a Sheriff Officer to enforce the decision. Where the decision sets instalments or a deferred payment date, send the respondent a copy of the decision form and keep proof; the decision cannot be enforced until they receive it.

The Timeline Impact

A time-to-pay application gives you a two-week objection window; a contested application can take longer if the Sheriff needs to hold a hearing. Once the order is in place, actual recovery depends entirely on the respondent sticking to the schedule. For a £3,000 debt at £100 per month, you are looking at two and a half years.

The Scotland Simple Procedure filing guide walks through the full response scenario — including what to include in your objection to Form 5A and how to track instalments through the Expenses Claim Calculator worksheet.

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