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What is a charge for payment?

A charge for payment is often the first letter people get from sheriff officers. It is serious, but you usually have 14 days, and there are things you can do in that time.

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A charge for payment is a formal demand, delivered by sheriff officers, telling you to pay a debt within 14 days. You get 28 days if you are outside the UK or nobody knows where you are. If the time runs out without payment, the creditor can move on to diligence (legal enforcement), such as arresting your wages or bank account.

Check the date the charge was served on you and count 14 days from it. In that time you can pay, agree an arrangement with the creditor, apply to the court for time to pay, or get advice about a moratorium. Contact free debt advice straight away if you cannot pay.

What is a charge for payment?

A charge for payment (sometimes called a charge to pay) is a document in a set legal form. It is usually served by a sheriff officer after the creditor has obtained a decree (a court order saying you must pay) or a summary warrant, which councils use for council tax arrears.

It confirms that the creditor has the right to make you pay. It is not a new court case, and you do not need to go to court because of it.

Citizens Advice Scotland says a Debt Advice and Information Package must be given to you with every charge for payment. This is a booklet from the Accountant in Bankruptcy (AiB) explaining your rights and where to get free advice. The creditor has 48 hours after delivering the charge to get it to you. If you never received it, tell an adviser, because the demand may not be legally correct.

How long do I have?

  • 14 days if you are in the UK.
  • 28 days if you are outside the UK or your whereabouts are unknown.

Once served, a charge lets the creditor carry out diligence for 2 years. After that, they would need to serve a new charge. If they serve a further charge within the 2 years, they cannot charge you the cost of it.

What can happen after the 14 days?

If you do not pay and have not got time to pay, the creditor can take further steps:

  • Earnings arrestment: your employer takes money from your wages each payday. This cannot happen unless a charge has been served and the time has run out. See earnings arrestment.
  • Bank arrestment: money in your account is frozen above a protected £1,000. For summary warrant debts, a charge must come first. For some court decrees, Citizens Advice Scotland says a charge might not be issued before a bank arrestment. See bank arrestment.
  • Attachment: belongings can be taken and sold, but only after a charge has expired unpaid. Anything inside your home needs a separate court order.
  • Sequestration (bankruptcy): an unpaid charge counts in law as ‘apparent insolvency’. That is one of the grounds a creditor owed at least £5,000 can use to petition the court to make you bankrupt.

Sheriff officer fees are usually added to what you owe.

What should I do in the 14 days?

1. Check the paperwork

Make sure the debt is yours, the amount looks right, and you received the Debt Advice and Information Package. If you did not know about the court case at all, an adviser can check whether the decree can be recalled.

2. Pay or talk to the creditor

If you can pay, do so and keep proof. If you cannot, contact the creditor or the sheriff officers’ firm to ask about paying by instalments.

3. Apply to the court for time to pay

You have the right to ask the court to let you pay in instalments, or as a lump sum at a later date.

  • A time to pay direction is asked for during the court case, usually when you respond to the claim.
  • A time to pay order can be asked for after a charge for payment has been served or an arrestment made.

mygov.scot says you can ask for time to pay for most debts under £25,000. You cannot use it for some debts, including money owed to HMRC, maintenance, income tax, VAT and car tax. You can only get time to pay once for the same debt.

The court should agree if it is reasonable in the circumstances. It looks at your finances, your other debts, how reasonable your offer is and whether the creditor’s objection is reasonable. While a time to pay order is in effect, the creditor cannot serve a charge or start arrestment, earnings arrestment or attachment for that debt, as long as you keep to the payments. A creditor can still apply for an inhibition over your home.

For summary warrant debts, mygov.scot says you must apply before the 14 days are up to stop further action. The form usually comes with the summary warrant; if not, contact the sheriff officers’ firm.

Not sure how to deal with the charge or your other debts? Tell us a little about your situation and a licensed insolvency practitioner firm will call you to go through every option, including ones that are not a trust deed.

Start your enquiry

May not be suitable in all circumstances. Fees apply. Your credit rating may be affected. Free, impartial advice is available from MoneyHelper and other services.

4. Ask an adviser about a moratorium

A moratorium on diligence gives you 6 months of protection while you get advice and apply for a debt solution. During it, creditors cannot serve a charge for payment or start new diligence. It does not freeze interest, and it will appear on the public Register of Insolvencies. See the Scottish moratorium.

Could a debt solution stop enforcement?

If you have several debts, time to pay for one debt may not be enough. Formal options work differently:

  • Debt Arrangement Scheme (DAS): once a debt payment programme is approved, creditors cannot serve a charge or carry out diligence.
  • Protected trust deed: protection stops earnings arrestments. A trust deed has fees, affects your credit rating for 6 years and is listed on the public Register of Insolvencies.
  • Sequestration (bankruptcy) and the Minimal Asset Process, a simpler bankruptcy route for people with low income and few assets, are other formal options.
  • Informal plans such as a debt management plan are not legally binding.

Which of these, if any, fits depends on your income, assets and debts. An adviser needs to look at your full situation before you decide. The comparison of Scottish debt solutions sets them side by side.

Official sources

Common questions

Is a charge for payment a court summons?

No. A charge for payment usually comes after the creditor already has a court decree or a summary warrant. It does not ask you to go to court. It is a formal demand to pay within a set period, and it opens the way for the creditor to enforce the debt through diligence if you do not pay or get time to pay.

Can I still ask for time to pay after the 14 days?

It may still be possible, because a time to pay order can be sought after a charge or an arrestment, as long as you have not had one for the same debt before. But mygov.scot says you should apply before the 14 days are up to stop further action, so do not wait. An adviser can help you apply quickly.

Will a charge for payment affect my credit rating?

The charge is a step in enforcing a decision that already exists, usually a court decree. mygov.scot says a court decree is noted on your credit file for six years from the judgement date, and shows as satisfied once it has been paid. An adviser can explain how any debt solution you are considering would also show on your file.

What happens if I ignore a charge for payment?

When the time runs out, the creditor can use diligence, such as arresting your wages or bank account, and can use the unpaid charge as evidence of apparent insolvency when petitioning for your sequestration if you owe them at least £5,000. Sheriff officer fees are usually added to the debt too, so ignoring it tends to make things harder.

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