Cross Border Court Order Enforcement
When dealing with cross-border debt recovery cases there are different procedures that need to be followed. We take a look at how you or your business can recover debt when dealing with debtors outside of Scotland and how to serve English, Welsh & Northern Irish court orders in Scotland.
How to enforce an Order of the Court from a Scottish Court in England, Wales or Northern Ireland
When enforcing an Order of the Court (previously known as a Decree for Payment) outside of Scotland you must firstly obtain a certificate of money provisions under the Civil Jurisdiction and Judgements Act 1982 from the court which granted the order.
A fee is payable to the Scottish Court Service for processing this application for the certificate -
See current fees here.
The application itself should be made in writing to the Sheriff Clerk.
On receipt of the certificate from the Scottish Court, you should contact HM Courts & Tribunal Service for cases in England and Wales or the Northern Ireland Courts if appropriate. They will then inform you how the order is registered for enforcement. An affidavit is required at this stage, which should be sworn in front of a Notary Public. Clients usually employ a solicitor to deal with this or our team here at AMA can arrange this for you.
Although the processes involved in enforcement are very different to those that apply in Scotland, it is still a relatively simple and economical method of recovery. Our experienced team of Sheriff Officers alongside our panel of solicitors will always be on hand to guide you through every step of the process.
How to enforce a Money Judgment from an English or Welsh Court in Scotland
If a judgment for a sum of money has been awarded in the High Court or a county court in England and Wales and you wish to enforce this in Scotland, you should take the following 3 steps.
1. Obtain a Certificate of Money Provisions
The application for a Certificate of Money Provisions must be made to a Master or District Judge (if judgment was given in the Chancery Division or the Queen’s Bench Division of the High Court); a District Judge of the Family Division (if judgment was given in the Family Division of the High Court); or a District Judge (if it is a county court judgment). You will need to provide written evidence stating the following:
- Creditor’s name and address & the debtors, if known
- Details of the sums payable under the money provisions of the judgement. Including, where applicable, the amount of interest that has accrued up to the date of the application or the rate of interest from the date it is recoverable, and the date on which is ceases to accrue
- Evidence that the judgment is not been set aside or recalled to Court
- The date on which the time for appealing expired; the status of any application for permission to appeal; whether an appeal notice has been filed; or if an appeal is pending.
2. Register the Certificate of Money Provisions in the Register of Judgments of the Books of Council & Session
This should be done within 6 months of the date of the issue of the certificate. To register you should send a covering letter and a fee
Contact details are here for up to date fees
Registers of Scotland
Books of Council & Session
153 London Road
The Keeper of Registers will send you an extract of the registered certificate and a warrant for execution once the process is complete. It is this warrant for execution that acts at the authority to enforce the judgment.
3. Instruct a Sheriff Officer to recover the debt
When you have received the extract and warrant you can then instruct a Sheriff Officer like AMA to attempt to recover the outstanding debt. We will then hold a commission to act in the area of the defendant’s home address or business premises.
Serve an Order of a Court from England, Wales of Northern Ireland in Scotland
We can be instructed to serve these orders in the area of the defendant’s home address or business premises. Our in house Messengers-at-Arm’s alongside our trusted partners in Dumfries and the Highlands & Islands allow us to enforce these orders throughout Scotland.