Tradesperson Not Paid in Scotland: Enforcing Your Court Decision

You Won the Case — Now What

You completed the work, invoiced the client, chased payment, raised a Simple Procedure claim in the Sheriff Court, and won. The Decision Form says the client owes you the money. But they still are not paying.

This is where most tradespeople — joiners, plumbers, electricians, builders — get stuck. The court has confirmed you are owed the money, but it does not collect it for you. The Scottish Courts and Tribunals Service makes this explicit: enforcing the decision is entirely your responsibility.

The good news is that the enforcement tools available in Scotland are designed for exactly this situation. The procedure is methodical and does not require a solicitor.

The Steps

Wait four weeks. After the Decision Form is sent, you must wait four weeks before taking any enforcement action. This is a statutory standstill period.

Send a voluntary payment request. Write to the client, enclose a copy of the Decision Form, and ask them to pay. No legal force, but it costs nothing and sometimes works — especially with clients who simply did not take the court process seriously until they saw the decree.

Instruct a Sheriff Officer. If the voluntary request produces nothing, instruct a Sheriff Officer to serve a Charge for Payment. This is a formal statutory demand giving the client 14 days to pay. The officer fee (roughly £40–£85 plus VAT) is added to what the client owes you.

Execute diligence. After the Charge expires without payment, you can instruct enforcement against the client's assets.

Which Enforcement Tool Works Best for Trade Debts

As a tradesperson, you often know more about the client than other types of creditors:

• If you know where they work (they are employed by someone else, or you met them at their workplace), an earnings arrestment directs their employer to deduct money from their wages each pay period until the debt is cleared.

• If you have their bank details (from a partial payment they made, or a cheque they issued), a bank arrestment freezes funds in their account above the £1,000 protected minimum balance.

• If the client runs a business with tangible assets — vans, equipment, stock on commercial premises — attachment of goods lets a Sheriff Officer seize and sell those items. Tools of trade are exempt up to £1,000 in aggregate value, but commercial stock, vehicles, and non-essential equipment are fair game.

• If the client owns property in Scotland, an inhibition prevents them from selling or remortgaging until the debt is paid.

Keeping Track of Costs

Judicial interest at the 8% per annum judicial rate accrues on the decree amount unless the Decision Form specifies a different rate. Interest runs from the date specified in the Decision Form. Sheriff Officer fees and enforcement expenses are recoverable from the client. Keep a running ledger of every payment received and every cost incurred — partial recoveries are applied in a strict statutory order (officer fees first, then interest, then expenses, then the principal debt).

The enforcement guide includes a recovery accounting ledger, a diligence selection matrix, and a Sheriff Officer instruction checklist — built specifically for people navigating enforcement without a solicitor.

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