Enforcing English debt in Scotland

29 August 2011

Due to Scotland and England having different legal systems, it might appear that it would be extremely complex to reclaim money from a debtor in England once a court have made a judgement for payment. The legal ‘border’ may at first seem like a difficult hurdle, but this isn’t the case. Enforcing an English debt judgement in Scotland is quite straightforward.
There are two scenarios: if the order was made in England, or if the order was made in Scotland against someone who lives in England. In the first case, the creditor (who is owed money) must obtain something known as a Certificate of Money Provision, from the court that issued the original judgement.
Next, the certificate has to be registered with the Registers of Scotland in the Register of Judgements. This means that the creditor will receive a copy of the certificate which will be signed and then used to take action against the debtor under the Scottish system. In order to action this, the services of a Sheriff Officer would be used. The registration fee is currently £10 and the cost of application is £16.95. These costs would be payable by the defender.
If an order is obtained from a Scottish court, but the person being pursued for the debt lives in England, Inksters can assist to engage the services of the relevant legal officers. Again, the court that passed the judgement should issue a certificate and this will need to be done by an application by affidavit; for this a Notary (an individual authorised to witness and sign these documents), will be needed.
Next, the Certificate of Money Provisions must be registered with the High Court of England and Wales. Once this is registered, the creditor holds the equivalent of an English judgement. From here, there may be a range of enforcement options available. A common option is the seizing of the debtor’s moveable property, but only on application of a writ known as fieri facias.
Inksters can assist you with these processes, as we have experience of these cross-border issues. Contact us for advice and assistance.


Bookmark and Share



blog comments powered by Disqus

Related Information


Internal Pages