DEBT SOLUTIONS
Sheriff officers Scotland – Help and advice

What is a sheriff officer?,

The terms ‘sheriff officer’ and ‘police officer’ are commonly confused, but sheriff officers are not police officers or associated with the police in any way. We’ve outlined the correct definition of a sheriff officer below.

Put simply, sheriff officers are court officers responsible for serving court documents and enforcing court orders on behalf of individuals, companies, solicitors, local authorities, and government departments.

They primarily deal with debt enforcement but also handle property evictions and disputes, and various family matters, such as divorce, child maintenance, and adoption.

However, while they carry out work on behalf of the court, they don’t work directly for the court and are typically employed by private companies or are self-employed.

Which debts can sheriff officers enforce?,

There are no rules stating which debts sheriff officers can and can’t collect, meaning they are authorised to collect any kind of debt that can potentially lead to you being brought before the sheriff court.

The type of debts sheriff officers can collect include:

• Credit cards
• Personal loans
• Payday loans
• Business rates
• Benefits payments
• Council tax arrears
• Other unsecured debt

Remember, sheriff officers aren’t hired to collect specific debts but rather to enforce active court orders. So while a sheriff officer has special legal powers to get you to make up for missed payments, they can’t force you to hand over money towards a debt.

What powers do sheriff officers have?,

Despite what some people think, there are strict rules sheriff officers must follow when they visit you and breaking these rules can lead to them being reported to their employer or the court.

The court decides which powers sheriff officers have in different situations and must provide proof of this when they visit you.

Here are some of the things sheriff officers can and can’t do when they visit you:

Before they visit you

Before a sheriff officer visits you, they must give you at least four days’ notice to give you a chance to prepare.

They can also only visit you between the hours of 8am and 8pm from Monday to Friday (excluding public holidays) without a court order stating otherwise (e.g. if a person is in danger).

For eviction cases, you must be given at least 14 days to vacate the property. Failure to leave within this time will lead to the sheriff officer returning at a later date – they should give you at least 48 hours notice.

When they visit you

Don’t forget to ask for a sheriff officer’s identity when they first visit you. They should carry a red ID booklet signed by the local sheriff clerk.

Sheriff officers must acquire an ‘exceptional attachment order’ from the court to seize your belongings and can’t simply show up and start removing goods at will to repay a debt.

They also can’t leave you without anything you need to maintain a certain standard of living, meaning they can’t seize white goods, clothing, or beds.

Depending on the circumstances, sheriff officers are authorised to remove a member of your family from your home if necessary (e.g. an abused child or violent partner).

Do I have to let a sheriff officer into my home?,

Because sheriff officers carry out orders handed down by the court, they can only enter your home if the court has granted them written permission to do so.

They should show you documentation to prove that the court has granted them this permission and this should contain the phrase ‘grants warrant for all lawful execution’.

Refusing a sheriff officer entry after they have proven they have the authority of the court can lead to you being charged with breach of the peace and them using ‘necessary reasonable force’ to make their way in. This means that they can force open a door or break a window or a lock if they deem it necessary.

The only time a sheriff officer can force entry into your home when you’re not there is if they’re carrying out an eviction, ensuring certain work has been carried out, or seizing your possessions.

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What items can sheriff officers take from my home?,

Sheriff officers can only seize non-essential items that you own to repay a debt. This means they can’t take things that belong to someone else living at the property or that you jointly own with another person.

When a jointly-owned item is taken and sold, the other person can claim back the value of their share before or after it’s sold.

However, it’s your responsibility to prove that any items in your property belong to someone else – failure to do so can lead to them being seized.

Some of the things sheriff officers can’t take include:

• Vehicles with a value of £3,000 or less
• Mobile homes used as a debtor’s main residence
• Clothing that is ‘reasonably required’
• Medical equipment or aids
• Books required for education or training with a total value of less than £1,000
• Chairs, tables, or sofas
• Lights or lighting fittings
• White goods (e.g. microwaves, refrigerators, kettles)

When a sheriff officer first visits you, they will likely earmark certain items for seizure. Attempting to remove or damage these goods before they’re removed can be considered contempt of court.

Can a sheriff officer evict me from my home?,

Sheriff officers are authorised to visit you and evict you from your home if they have been given an order from the court to do so.

They may also show up with a police officer for extra security. They can’t carry out the eviction themselves but they can arrest you if you break the law at any point during their visit (e.g. by causing a breach of the peace or physically attaching the sheriff officer).

Remember, they must give you at least 14 days’ notice to leave your home and inform you of the final eviction date 48 hours beforehand. This can help you prepare for their visit and determine what your next steps should be.

Failure to leave your home when instructed to do so by a sheriff officer with a court order can lead to you being physically removed from your home.

Can a sheriff officer visit my place of work?,

Having a sheriff officer visit you at home can be daunting enough without the added stress of worrying about them turning up at your place of work.

Thankfully, the only time a sheriff officer can visit you at work and seize goods is if part of your business premises is also used for residential purposes. Where this is the case, they will identify items worth more than the value of the debt (keeping the extra money to cover their expenses).

The kind of items they can seize from your place of work are similar to those they can remove from your home but may also include computers, printers, and stock. Essential items needed for day-to-day life, however, still can’t be taken and you are within your right to argue with the sheriff officer for their right to remain.

Remember, if certain items have been set aside for seizure, you could face further action if you attempt to remove or hide them before they’re taken by a sheriff officer.

What happens if I ignore a sheriff officer?,

Even if you’ve ignored your debts for years, it’s not wise to ignore a sheriff officer when they reach out to enforce a court order.

Debt collectors have the same legal powers as your creditors and therefore can’t do anything that they can’t legally do. Sheriff officers, on the other hand, have greater powers to enforce a debt because they are working on behalf of the court.

Being visited by a sheriff officer means a judge has formally decided there is a debt to pay and you must pay it. Therefore, when you ignore them, you are not just ignoring the sheriff officer and are putting yourself at risk of further legal action from the court that they report to.

What should I do if a sheriff officer has harassed or mistreated me?,

Sheriff officers are not exempt from the law and must follow a strict set of rules when visiting you to enforce a court order.

However, if you believe a sheriff officer has mistreated you, behaved unreasonably, or exceeded their power in any way, you can complain to their employer, your local sheriff principal through the sheriff clerk, or the Society of Messengers-at-Arms and Sheriff Officers (SMASO).

This information can be found online, on letters from the sheriff officer, or by contacting the company the sheriff officer works for. Most companies will be happy to talk you through their complaints procedure.

How can I avoid being visited by sheriff officers?,

There are various things you can do to avoid being visited by sheriff officers. We’ve covered these actions in more detail below:

Communicate with your creditors

The key to avoiding a visit from sheriff officers is to maintain open and honest communication with your creditors from the very beginning.

The sooner you inform your creditors of a change of circumstances, the more time you’ll have to come to an alternative arrangement over how to repay the debt.

Arrange a repayment plan

Even if you know you can’t afford to repay the debt in full, arranging a repayment plan with your creditor can prove that you’re willing to settle your debt and that further action isn’t necessary.

This can be done by reaching out to your creditor directly and explaining why you can’t afford to make your repayments as agreed.

Manage your money responsibly

By managing the money in your bank account responsibly, you can avoid a situation where you have sheriff officers knocking at your door looking for an unpaid debt.

From ensuring you have enough funds to cover unexpected expenses to updating your bank details, staying on top of your finances can lower your chances of being visited by sheriff officers.

Where can I get further help and advice for dealing with sheriff officers?,

Being told that sheriff officers are going to visit you can be worrying, but there may still be time to stop the situation from escalating. Be proactive, take ownership of the problem, and try to reach a mutually beneficial agreement that will work for everyone.

Once you know sheriff officers will be acting against you, get in touch with them and explain the situation – either by email or over the phone. However, if it’s gone past that stage and the sheriff officer is at your property, you can appeal to them directly.

By showing that you’re willing to sort out your debt, they may show you understanding and help you understand any specific steps you should take to deal with the problem effectively.

If, like most people, you’d prefer not to deal with sheriff officers directly, you can contact the company, landlord, solicitor, or party you’re in debt to instead to organise a repayment plan. It’s always best to do this as soon as possible so you can come to an agreement that could prevent you from receiving a visit from sheriff officers altogether.