3. Sheriff officer's powers to enforce debts from other parts of the UK

CPAG

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Debt Advice Handbook Scotland 1st ed - with new material

3. Sheriff officer’s powers to enforce debts from other parts of the UK

Sheriff officers have the power to enforce a debt in Scotland from elsewhere in the UK, but only if the party has a document known as a ‘Certificate of Money Provisions’ from the court which issued the judgment.1 The certificate must then be sent to the Keeper of the Registers of Scotland for registration in the Register of Judgments. After registration, the party is provided with an official extract copy of the certificate bearing an execution which will enable the creditor to proceed using the services of a sheriff officer.

Bailiffs from elsewhere in the UK have no power of enforcement in Scotland.

Creditors from elsewhere in the UK must go through a court process and instruct a sheriff officer to enforce the action.

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Debt Advice Handbook Scotland - 1st edition

Written in partnership with Citizens Advice Scotland and Money Advice Scotland, CPAG is delighted to announce the first edition of the Debt Advice Handbook Scotland. Based on CPAG’s best-selling Debt Advice Handbook, it details the stages of the debt advice process in Scotland and the key skills needed to give good advice. No money adviser should be without this essential guide. This online edition is funded by the Scottish government.

The Handbook provides the most comprehensive information needed by advisers on the tools and strategies to help clients with their financial difficulties. It details the key stages of money advice, including interviewing clients, establishing liability, prioritising debts, preparing a financial statement, negotiating with creditors and dealing with sheriff officers. Emphasis is placed on taking due care of vulnerable clients and making sure that any payment arrangements agreed are appropriate. There is a focus on sustainable credit arrangements that do not affect a client’s ability to pay essential living expenses and priority debts.

It is the go-to tool for specialist debt advisers as a first step in accessing primary legislation and regulations and is also a reliable guide and training aid for the new debt adviser. Advisers who undertake debt advice alongside other sorts of advice work or other professional disciplines – such as social workers and housing officers – will find this handbook an indispensable resource.

Fully indexed and cross-referenced to law, official guidance and to court and tribunal decisions, tactical guidance and examples are included throughout.

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CPAG

Print publication date Jun, 2024

This content was last updated:2024-07-01

Word count175,160

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