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Debt & The Law
When debt gets out of hand
If you really haven't been able to repay your debts, you may receive a summons (or a writ, if you live in Scotland). Here's what happens next:
- The summons will come with some forms, which ask whether you agree or disagree with the claim against you, and how much you can pay each month. Send these back quickly. If you don't return them, judgment is likely to go against you. Your goods could then be repossessed or payment imposed on you. Returning the forms promptly could mean you don't have to go to court.
- If your creditor doesn't agree with what you've put on the forms and you end up in court, the hearing will be held in private, unless you are being sued for more than £1,000. Most likely the only people facing you in court will be a representative from the creditor and the District Judge or Court Officer (Sheriff or Sheriff Clerk if you live in Scotland).
- You can take someone with you to speak on your behalf, such as a friend, relative or a colleague from work. Choose someone who can speak eloquently and support your good character.
- When an agreement is reached, a court order will be drawn up and interest on the money should be frozen. You can then start to pay back what you owe. Once this court order has been set, you must stick to it.
- With a court order on your record, you might find it difficult to get credit, but this does not carry the same stigma as a criminal record.
- And remember you can only be sent to prison for non-payment of debts such as tax and maintenance, and then only if you have the means to pay but choose not to.