Liability orders and child maintenance arrears
The CMS can apply for a liability order to collect unpaid child maintenance.
There is no ‘statute of limitations’, which means the claim could go back many years.
If this is the case, you may have arrears to the Child Support Agency (CSA). CSA cases have now ended, but any debts are still owed.
Read our guide to dealing with child maintenance arrears
Liability orders and council tax arrears
Your local authority can apply for a liability order seven days after issuing you a reminder or final demand.
This allows them to take further action against you.
- You cannot go to prison for not paying council tax in Scotland, Wales or Northern Ireland
- In England, the power to imprison exists but is rarely used
Read our guide to dealing with council tax arrears.
Dealing with liability orders
What happens when someone applies for a liability order?
You’re issued with a court summons telling you:
- Where and when the court hearing will be held
- The amount of council tax or child maintenance you owe
- The period of time the arrears cover
- Details of how much you should pay
Check that the details in the summons are correct. Contact the creditor if you disagree with anything.
How do I respond to a liability order court summons?
There will be a court form for you to respond with the summons letter. It is important to complete it and send it back even if you do not plan to attend court.
Going to the court hearing gives you a chance to explain why you have not paid. But you do not have to go.
You normally have to pay the court costs. Making a payment arrangement before saves you from paying these fees.
You normally have to pay the court costs. Making a payment arrangement before saves you from paying these fees.
What if I cannot pay?
The court will want evidence in writing of your situation.
Tell them about:
- Any problems you have with the bank account used to pay the debt
You will need written evidence from the bank.
- Being made redundant
Take a letter from your former employer confirming the details of your redundancy.
- Any medical problems that have affected your ability to pay what you owe
You need to provide medical certificates.