Court Order Option

Time to Pay Direction

A court order that allows you to pay a court decree in instalments, stopping enforcement action while payments are maintained.

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What Is a Time to Pay Direction?

A Time to Pay Direction is a court order that allows a debtor to pay a sum awarded by a court (a decree) in instalments over an agreed period. It is governed by the Debtors (Scotland) Act 1987 and can only be applied for in relation to a specific court decree - it cannot be used for debts that have not yet gone to court.

How Does It Work?

  • A creditor obtains a court decree against you for the sum owed
  • Before enforcement begins, you can apply to the same court for a Time to Pay Direction
  • You propose a repayment schedule (the amount and frequency of instalments)
  • If granted, enforcement is suspended whilst you comply with the payment schedule
  • The creditor can apply to recall (cancel) the Direction if you default on payments

What Enforcement Does It Stop?

Whilst a Time to Pay Direction is in force, the creditor cannot use:

  • Arrestment of wages (wage arrestment)
  • Arrestment of bank accounts
  • Attachment of moveable property (sheriff officers seizing goods)

Limited scope: A Time to Pay Direction only covers the specific decree it was applied for. If you have multiple creditors and multiple debts, each would require its own Direction. For multiple debts, a comprehensive solution such as a DAS or Protected Trust Deed will provide broader, simpler coverage.

Time to Pay Direction vs Other Solutions

A Time to Pay Direction is a reactive measure - it deals with debts that have already reached the court stage. It does not write off any debt and does not help with debts that have not yet been subject to court action. If you are dealing with court decrees alongside other unmanageable debts, a broader formal solution may be more appropriate.

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