What actions can my creditors take?

If you fail to repay what you owe, then your creditors can take legal action against you. This could include making you bankrupt.

If you don’t tell your creditors that you are having problems with repayment, they won’t know. As soon as you are in a situation where you can’t repay, you should take action. The longer you leave it the worse your debts will normally become.

A creditor will/may:

  • Issue you with a final notice before taking legal action.
  • Raise a court action against you for the debt, plus interest and any expenses they incur to pursue the debt – a writ or summons will be issued to you by a Sheriff Officer, like Walker Love, which will tell you how much you owe.
  • Arrest your earnings or bank account.
  • Issue an attachment to items you own
  • Place an inhibition on your property or repossess you from your home.

Your creditors and Sheriff Officers must act within the law when trying to recover the money you owe >more our Customer Charter.

If you think your creditor or Sheriff Officer has behaved incorrectly, you can submit a complaint to the Society of Messenger at Arms and Sheriff Officers or you can talk to your local money adviser or solicitor.

You will find a full list of solicitors in your area on the Law Society of Scotland’s website, or you can write to them: Law Society of Scotland, 26 Drumsheugh Gardens, Edinburgh, EH3 7YR or call them on 0845-113-0018 to request a list of local solicitors you can contact.