Paying your civil debt
If an Order for Examination is made against you
If you don’t obey the Examination hearing orders
If a Distress Warrant is issued against you
The process
The Tribunal or civil court order should set out clearly how much you have to pay and by when. It may include how the payment should be made (for example in full or by instalments). If no date or time for payment is specified in the order you have 48 hours to pay the whole amount from the time the order was made.
You should make payment directly to the person (the creditor) as soon as possible within the timeframes set out in the order. This is normally arranged privately between you and the creditor.
If you don’t pay
If you fail to pay on time, the creditor can take action to make sure you pay. They may use the services of their Solicitor, a debt collection agency or use the Court to take enforcement action. Any fees/costs associated with any Court enforcement action, will be passed on to you and will be added to the amount you owe.
They could request the Court to take any of the following actions against you:
- An Order for Examination
- A Distress Warrant
- Garnishee Proceedings
- A Charging Order
- Contempt Proceedings
If an Order for Examination is made against you
You will be ordered to appear at Court for a hearing on a specific date, time and location. You must attend this hearing unless you pay the full amount owing before the hearing, in which case the hearing will be cancelled.
At the hearing your financial situation will be assessed by a Court Registrar on behalf of the creditor. If you are found to be capable of paying, the Court Registrar may:
- Set out new payment terms and conditions (e.g. instalments), or
- Direct that a Court enforcement action begin, for example:
- deductions are made from your benefit, wages or salary (Attachment Order) or,
- assets or possessions are taken and sold to meet the debt (Distress Warrant)
You should bring all relevant financial documentation with you to the hearing (e.g. bank statements, payslips, and evidence of other expenses).
If you don’t attend this hearing, the creditor can seek to have you arrested to make you attend.
If you don’t obey the Examination hearing orders
If you do not obey the order made at an examination hearing you are in breach of a Court order. The creditor can then apply for a Contempt of Proceedings order against you. Contempt Proceedings means the matter is heard by a Judge and you can be sentenced to Community Work as a penalty for not obeying a Court order. The penalty does not replace the original civil order i.e. you still have to pay what you owe to the creditor.
If a Distress Warrant is issued against you
If a Distress Warrant is issued a Bailiff will visit you and demand full payment of the amount owing and may seize your personal possessions if you do not pay in full. Court Bailiffs will have identification and the warrant document with them. They have the legal right to enter your property and take items which they believe are yours. If you do not pay the total debt owing within five days, the items will then be sold at public auction and the proceeds will go towards paying the debt you owe, including any fees that have been incurred as a result of enforcing payment against you.
