Question:
-
I have received a decree for a sum
of money from a Scottish Court and wish to know how to enforce it against the
Defender.
Answer: - You should contact a firm of Sheriff Officers who will advise you of the procedure for recovery of the debt.
A list of officers throughout Scotland can be found on the Society website at www.smaso.org (under Members Directory)
Question:
I have received a decree from the
Court and wish to know how much it will cost to enforce.
Answer: - The charges made by an officer for any work are fixed by an Act of Sederunt issued by the Scottish Parliament. Every firm of officers should charge the same fee, provided they carry out the same work.
A note of charges can be ascertained by contacting a firm of officers and providing details of what is required (A list of the Tables of Fees for Sheriff Officers can be found at:-
http://www.opsi.gov.uk/legislation/scotland/ssi2008/pdf/ssi_20080430_en.pdf,
and for Messengers-at-Arms at:-
http://www.opsi.gov.uk/legislation/scotland/ssi2008/pdf/ssi_20080431_en.pdf
Question:
What happens once I have instructed an officer to proceed with
enforcement?
Answer:- The procedure commences with a charge for payment being served on the defender. This is a document demanding payment within a prescribed period (normally 14 days).
It is often the case that, on receiving the charge, a defender will make payment of the debt.
It payment is not made at this stage the officer will contact you to discuss the next step and keep you informed of the progress of the proceedings.
It should be noted that, whereas you will require to pay the officer for the work that is carried out on your instructions, this sum will ultimately be recoverable from the defender, assuming there are funds available.
Question:
-
I have obtained a judgment for
payment of a sum of money from an English/Welsh/Northern Irish Court, How do I
enforce it in Scotland?
Answer: - In order to enforce a money provision in Scotland of a judgment of a court in another part of the United Kingdom, the party must first obtain a document known as a Certificate of Money Provisions from the court which issued the judgment. The Certificate must then be sent to the Keeper of the Registers of Scotland for registration in the Register of Judgments. (the contact details are: - Keeper of the Registers of Scotland, Erskine House, 68 Queen Street, Edinburgh, EH2 4NF. Tel: 0131 479 3630. Fax:- 0131 200 3917 www.ros.gov.uk)
After registration, the party is provided with an official extract copy of the certificate bearing an execution which will enable them to proceed against the debtor in Scotland.
In order to take action against the debtor you will require to engage the services of a Sheriff Officer/Messenger-at-Arms and can obtain contact details from the list of Sheriff Officers throughout Scotland which is available on our web site. www.smaso.org
Question:
-
I have obtained a decree for
payment in Scotland against a defender who lives in England/Wales/ Northern
Ireland. How can I enforce this?
Answer: -
If you have obtained a decree
for payment from a Scottish court and need to have it enforced in England and
Wales, a sheriff officer can assist you.
Firstly, a certificate
must be obtained from the court which granted the decree. This certificate is to
be issued under section 18 of, and paragraph 4(1) of Schedule 6 to, the Civil
Jurisdiction and Judgments Act 1982, and paragraph 3(2) of the Act of Sederunt
(Enforcement of Judgments under the Civil Jurisdiction and Judgments Act 1982)
1986. The application to the court requires to be made by
affidavit, therefore the services of a notary will be required, if only for the
formal notarization of the deed.
Some sheriff officers are
prepared to complete the process, by swearing the oath before a notary on behalf
of the creditor. Alternatively, you may wish to employ a solicitor to deal with
this. The sworn affidavit and the extract decree are then sent to court, with
payment of the extract fee (presently £20, in sheriff court cases).
Secondly, the certificate
of money provisions (as it is termed) from the Scottish court requires to be
registered with the High Court of England and Wales. Your sheriff officer can
send the original certificate for registration at the Royal Courts of Justice in
London. The effect of registration there is that the creditor now holds the
equivalent of a judgment of the English High Court. But no enforcement measure
is authorized at this point. In practice, a letter from the sheriff officer at
this stage, informing the defender that the decree now could be enforced in
England, may prompt payment. However, if this is not successful, formal
execution may be necessary.
Thirdly, therefore, the sheriff officer may be able to advise you on the enforcement options available to you. The traditional approach in England and Wales - and probably still the best method, if you have no information about, for example, where the defender keeps a bank account, or if the person is in employment - is to ask a High Court enforcement officer to attach the moveable property of the debtor at his or her address. This procedure commences with an application for a writ of fieri facias. The process and the costs involved are quite different from those that apply in Scotland; some sheriff officers, however, will be able to guide you through the procedures.
Question:
-
I have received documents from an
English/Welsh/ Northern Irish Court which require to be served personally on a
defender in Scotland. Can I instruct a Process Server to carry out this work?
Answer: - No. In Scotland only a Messenger-at-Arms or Sheriff Officer can personally serve court documents. A list of officers can be found on our web site.
Question:
-
I wish to lodge a complaint
regarding the actions of a Sheriff Officer. How do I proceed?
Answer: - The Society of Messengers-at-Arms and Sheriff Officers can only deal with complaints against individually named officers who are members of the Society. However, it should be noted that at the present time not all officers are required to be members of the Society.
Complaints can be lodged with the Society but a complainer has the alternative option of lodging a complaint directly with the Sheriff Principal of the sheriffdom within which the Sheriff Officer is acting. This applies in respect of any officer, whether or not they are members of the Society.
If the complainer wishes to lodge a complaint with the Society, this should be made in writing and addressed to The Secretary, Society of Messengers-at-Arms and Sheriff Officers, 11 Alva Street, Edinburgh, EH2 4PH. The complaint should give the full name of the officer and the company by which he is employed. The complainer should also provide as much detail as possible of the matter complained of and enclose any paperwork that might be of assistance in dealing with the complaint.
The letter of complaint will be acknowledged by the Society and submitted to the Secretary for consideration and any investigation that may be required.
Once the Secretary has had an opportunity to look into the complaint, the Society will again contact the complainer and inform him of whether or not the Society considers there are grounds for a complaint and, if so, what action, if any, has been or will be taken by the Society.
Question: -
I have obtained an award/order from a Tribunal and wish to enforce it.
How do I proceed?
Answer: -
Any award or
order made by a Tribunal in any part of the United Kingdom, which is enforceable
in that part without an order of a court of law, is enforceable in Scotland.
You should contact a firm
of Sheriff Officers who will advise you what steps require to be taken.
A list of officers throughout Scotland can be found on the Society website. (under Members Directory)