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Court Decision or Decree. What is it and what are my rights?

The people you owe can apply to the Sheriff Court for a court decision or decree. They may do this if you are behind on payments and cannot pay them back.

Decisions or Decrees are court processes used to collect debts in Scotland. Court action in England, Wales and Northern Ireland works differently.

Debts regulated by the Consumer Credit Act must have defaulted before the people you owe can begin court action.

Details of a decision or decree appear on a public register for six years.

Court action could be a sign that you need help with debt. Find out more about Scotland debt advice.

Paying a debt off in instalments

Ask to pay in instalments if you cannot afford to pay off the debt.

You will get court papers that tell you how much you owe. Complete and return:


  • 'The Simple Procedure Time to Pay Application' form, or
  • The 'Application in writing for a time to pay direction'

The application is included with the court paper work. Complete and return it in 21 days.

The Sheriff may order that you pay the full amount due if:


  • You do not return this form, and
  • You are liable for the debt

The form asks the people you owe to agree a payment amount you can afford. If they do not agree to it, the court may:


  • Ask you to attend a hearing to set a payment, or
  • The sheriff may accept or reject the offer

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Types of Scottish court orders

A court order granted by the Sheriff is called a Decision or Decree.

When the people you owe agree for you to pay in instalments, you will:


  • Get a Decision with an order for time to pay, or
  • A Decree with a time to pay direction

The people you owe cannot use any further court action or diligence if you keep up with payments.

You get a decision or decree asking you to pay the full amount if:


  • You did not apply for time to pay, or
  • You returned the forms too late

The people you owe can start further court action if you do not pay the full amount.

Free multilingual debt guide

Download our free guide to dealing with money worries in Scotland.

It covers:


  • Debt collection processes
  • Where to get help
  • Budgeting
  • What to expect from a debt advice session

Available to download in:


  • English
  • Urdu
  • Punjabi
  • Polish

Find out more.

Free help and support

Contact us if you receive any court paperwork.

We can help.