Summary warrants and council tax arrears
What is a summary warrant
A ‘summary warrant’ is a type of court order used to collect certain types of unpaid debt ('arrears').
It’s mostly used by local councils to collect council tax arrears.
It can also be used for money owed:
- to HMRC
- for some other local council services (such as business rates and water charges)
Local councils cannot apply for a summary warrant to collect rent arrears.
Unlike other court orders for debt, summary warrants do not involve:
- a court hearing
- being able to ‘defend’ not paying the debt
10% added charge
The summary warrant tells you how much you owe. It’s the debt you owe plus a charge equal to 10% of the amount.
You may also be charged sheriff officer fees which are also added to the total debt.
Getting a ‘summary warrant’
If you do not pay money you owe to creditors, they can apply to the court for a summary warrant.
If the court approves it a sheriff officer delivers a summary warrant to your home.
If you’re not home they can put the warrant through your letter box.
Your rights if you get a 'summary warrant'
1. Charge for Payment
The creditor must send you a ‘Charge for Payment’ first.
This gives you 14 days to pay the debt in full before they can take further action.
2. Asking for 'Time to Pay'
You have the right to ask the court for a ‘Time to Pay’ direction.
You must do this before the 14 days is up to stop further action.
If you owe money to HMRC
You cannot ask for a 'Time to Pay' direction if you owe money to HMRC.
For help with HMRC debt you should contact a money adviser.
Check where to get free debt and money advice.
If you do not pay within 14 days
If you do not pay within 14 days or do not respond to the warrant, the council or HMRC can take further action.
This could include:
- arresting your bank account
- arresting your wages
- sending sheriff officers to take things you own
A 'creditor' is a company or person you owe money to. For example, this includes the local council or HMRC.
Summary warrants and your credit file
A summary warrant does not usually show on your credit file.
Where to go if you need further help
The Scottish Government helps to fund organisation to give you free debt and money advice.
They can help with things like:
- summary warrants and asking for 'time to pay'
- council tax arrears - including checking if you’re due any discounts
- general debt and money advice – including checking you’re getting everything you’re entitled to
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