Sheriff officers: your rights

Sheriff officers are officers of the court in Scotland who enforce court orders, including orders to pay a debt. They are employed by private firms, they must show you a red identity book if you ask, and they can only enter your home if the court has given them permission. There are no bailiffs in Scotland: sheriff officers do this job instead.

Who are sheriff officers?

Sheriff officers carry out work for the courts, but they are employed by private companies. They act on orders from the sheriff court. Officers acting for the Court of Session are called messengers-at-arms.

They are not the police, and they are not debt collectors. A debt collector has no special legal powers (see debt collectors in Scotland). Sheriff officers do, but only because a court order or a summary warrant gives them the power.

As well as debt enforcement, sheriff officers deliver court documents, carry out evictions and enforce some family court orders. This guide focuses on debt.

How do I check a sheriff officer’s identity?

Every sheriff officer has a red identity book containing:

• their photograph
• the crest of the Scottish Courts and Tribunals Service
• the signature of the sheriff clerk for the area they work in

They must show it to you if you ask. They may have a witness with them, who will not carry the same identity book.

If you are still unsure, ask for the name of the firm they work for and phone the firm to check. You can also look up an officer by name using the SMASO officer search run by the Society of Messengers-at-Arms and Sheriff Officers.

What can sheriff officers do for a debt?

Once a creditor has a decree (a court order to pay) or a summary warrant, sheriff officers can:

• serve a charge for payment, a formal demand to pay within a set time
• serve an earnings arrestment on your employer, so money is taken from your wages
• serve a bank arrestment, which freezes money in your account above a protected balance
• attach belongings kept outside your home, such as in a garage or shed
• with a special court order, take non-essential belongings from inside your home

Sheriff officer fees are usually added to the debt you owe.

Can sheriff officers enter my home?

Sheriff officers can enter your home or workplace to carry out an order, but only if the court has given them permission. They must have a document saying they are allowed to enter, and you have the right to ask to see it. The wording may not be obvious: they are allowed to enter if it says ‘grants warrant for all lawful execution’.

When they can come

They can usually only come:

• Monday to Saturday, not on public holidays
• between 8am and 8pm

A court can allow another time, for example where someone is in danger.

When they can force entry

If they have permission to enter and you do not let them in, they can use ‘necessary reasonable force’. That can mean forcing a door, breaking a lock or breaking a window. They must leave the property secure, and the cost of repairs is added to their fees, which are usually added to your debt.

If nobody is home, they can only force entry if they are carrying out an eviction, making sure certain work has been done, or taking things you own.

Taking things from inside your home

For a debt, sheriff officers can only take belongings from inside your home under an exceptional attachment order, which the creditor has to ask a sheriff for. The order lets officers open locked doors and places to carry it out. Even then:

• they must either give you at least 4 days’ written notice of the date they intend to enter, or find someone aged 16 or over at home who can understand what is happening (a sheriff can remove the notice requirement in some cases)
• mygov.scot says they cannot take anything if nobody is in, or if the only person there is under 16, cannot speak or understand English, or cannot understand the situation because of a disability
• they can only take non-essential items, never things like beds, cookers, fridges, heaters or clothes you reasonably need

Read more in exceptional attachment orders.

What can sheriff officers not do?

• They cannot act without a court order, summary warrant or similar legal authority.
• They cannot enter your home without the court’s permission.
• They cannot take essential household items.
• They cannot take things that belong to someone else, although you may have to prove an item is not yours. Jointly owned items can be taken, and the other owner can claim the value of their share.
• The police may come with them, but the police cannot help carry out the order. The police can arrest someone who breaks the law, for example by causing a breach of the peace.

How do I complain about a sheriff officer?

You can complain if you think a sheriff officer behaved unreasonably or did something they did not have the power to do. There are three routes, and you can use any of them.

1. The firm they work for. You can find the firm’s name by asking the officer or checking any letters from them. Contact the firm and ask for its complaints process.
2. The Society of Messengers-at-Arms and Sheriff Officers (SMASO). SMASO covers the whole of Scotland. Complaints must be in writing, to SMASO, Forth House, 28 Rutland Square, Edinburgh. mygov.scot lists its phone number as 0131 292 0321.
3. The Sheriff Principal. Write to the Sheriff Principal through your local sheriff court.

Keep copies of every letter and note the date, time and names from any visit.

What should I do if sheriff officers contact me?

• Read every document carefully and note any deadline. A charge for payment usually gives you 14 days.
• Check the officer’s identity and the legal paperwork they rely on.
• Talk to the creditor. You may be able to stop further action by agreeing an arrangement with the creditor, or by paying the sheriff officer towards the debt, even while they are there.
• Ask about time to pay. In many cases you can apply to the court to pay by instalments. The guide to charges for payment explains how.
• Get free debt advice quickly. An adviser can check the paperwork, help you apply for time to pay or a moratorium on diligence, and explain every debt solution open to you. See free debt advice in Scotland.

Official sources

• mygov.scot: sheriff officer powers and your rights
• mygov.scot: sheriff officers entering your home or work
• mygov.scot: how to complain about a sheriff officer
• Debt Arrangement and Attachment (Scotland) Act 2002, Part 3 (exceptional attachment orders and power of entry)
• SMASO officer name search