Sheriff officers play an important role in Scotland’s legal system. They are responsible for enforcing court orders, acting with authority to ensure the law is upheld.

Dealing with sheriff officers can be stressful, especially if you’re expecting a visit or worried things might get to that point. In this article, we explore what sheriff officers do, your rights if they contact you, and the steps you can take in response.

Who are sheriff officers?

Sheriff officers in Scotland are either self-employed or employed by private firms to enforce court orders. They usually get involved only when other attempts to resolve a matter have been exhausted.

Sheriff officers have the power to:

  • Make you pay a debt
  • Make you pay a fine
  • Evict you
  • Make changes to your property if a dispute arises
  • Deliver important legal documents
  • Remove a member of the household in certain situations, such as a violent partner or child at risk.

Sheriff officers can visit your home address or your place of work. It’s important to note that sheriff officers are not police officers. Sheriff officers are sometimes referred to as bailiffs in Scotland, but they are not the same.

Sheriff officers can carry out orders for the Sheriff Court or Court of Session – this is known as Messengers-at-Arms. The court decides what powers a sheriff officer has in different situations. 

What powers do sheriff officers have?

A sheriff officer has the power to enter your home or workplace to carry out an order – but only if the court has given them permission. To enter the property, they must have a document that states they are allowed to do so. 

You have the right to ask to view this document. It is not always clear from the document that they have the right to enter. In order to enter, it must say ‘grants warrant for all lawful execution’.

Sheriff officers can only visit:

  • Monday to Saturday
  • Between the hours of 8am and 8pm
  • Not on public holidays

However, the court can grant them permission to visit at another time, such as if they have a warrant to enter if someone is in danger

They cannot turn up unexpectedly – you must be given four days’ notice of when they’re due to visit, in writing.

A sheriff officer could bring the police with them – but the police cannot help the sheriff officer carry out the order. 

Does a sheriff officer have the power to force entry?

If a sheriff officer has been given permission to enter your home or place of work but you refuse to let them in, they can use ‘necessary reasonable force’. This means that they could gain entry by forcing open a door, breaking a window, or breaking a lock. 

If you try to prevent the sheriff officers from entering, you could be charged with ‘breach of the peace.’ This is considered as breaking the law, and you could be arrested if the police become involved. 

Can sheriff officers remove goods in Scotland?

If you owe money, the court decides which of your possessions can be taken and sold to pay your debts. In order to do this, the court will need to give the sheriff officer an ‘exceptional attachment’, which means they are able to enter your home or place or work to take some of the things you own.

Sheriff officers can only take non-essential items, such as:

  • Designer clothes
  • Jewellery
  • Game consoles
  • Art
  • Vehicles that are not needed for work. 

They cannot take items that are essential for everyday living, such as:

  • Clothing
  • Beds
  • Food
  • Fridges
  • Cookers
  • Sofas
  • Heaters. 

They can only take things that belong to you. If the item belongs to someone else, you must show proof. If you own something together with another person, they may still take it.

What happens if I’m not in?

If you are not at home or work when sheriff officers visit, they can only force entry if they are carrying out an eviction, seizing possessions, or making sure certain work has been carried out.

They cannot take anything if:

  •  No one is home
  • The only person home is under 16
  • The person does not speak or understand English
  • The person does not understand what’s happening due to disability or illness.

How to deal with sheriff officers

If sheriff officers come to your home or work, it can feel scary and intimidating. You might feel worried or panic, but there are things you can do to stay calm. 

Ask for ID

You have the right to ask the sheriff officers for ID. Every sheriff officer should carry a red identity book. This book shows:

  • Their photo
  • Their name
  • A signature from the sheriff clerk (a court worker)
  • A court symbol with a shield, a lion, and a unicorn.

Check if they have permission to enter

Sheriff officers can’t enter unless they have the right papers. Unless they can show you a document which ‘grants warrant for all lawful execution’ or an ‘exceptional attachment order’, you are under no obligation to invite them into the property, or even open the door.

Choose how you communicate

If it makes you feel more comfortable, you can choose to communicate with them through:

  • A chained door
  • A window
  • A letterbox

This is allowed by law. Choose to speak to them in a way that makes you feel safe.

Make a payment plan

If you owe money, you might be able to avoid further action by making a payment plan.

While the sheriff officers are there, you can: 

  • Call the person or company you owe money to
  • Offer to pay some money there and then
  • Ask for a new plan to pay off the debt
  • Pay the sheriff officer directly.

How to stop sheriff officer action

There are a number of ways you can take better control of your finances in order to avoid sheriff officer action in the first place.

Take steps to resolve your debt

It may seem obvious, but taking steps to try and resolve your debts is a good place to start. There are many different ways you can approach the process of reducing your debt, such as:

  • Debt settlement – this involves negotiating with your creditors to come to an agreement, such as settling for a reduced amount
  • Debt consolidation – this involves combining multiple debts into a single payment, often with a lower interest rate
  • Debt management solutions – this allows you to get debt help by establishing a repayment plan that suits you so that you can work towards reducing how much you owe
  • Paying off the debt in full

If you are seen to be making regular payments towards your debt, it’s less likely that you will have to deal with sheriff officer action. 

Obtain a Protected Trust Deed

A Protected Trust Deed (PTD) is a legally binding agreement in Scotland that can help individuals with debt to repay their creditors over four years. After this period of time, any remaining debt included in the PTD is written off. To be eligible for a PTD, you will need to have debt of £5,000 or more. 

Apply for sequestration

In Scotland, sequestration is a type of insolvency, otherwise understood as the equivalent of bankruptcy. Sequestration provides relief from debts when there is no other alternative to pay them. To qualify, you need to have debts of at least £3,000. 

How MoneyPlus Advice can help

At MoneyPlus Advice, we understand how unnerving it can be if you have a visit from sheriff officers. Even with advance notice, it’s completely normal to feel uneasy or uncertain in this situation.

We are here to support you in finding debt solutions to improve your financial situation. Contact our team today for more sheriff officers advice and to find out how we can help you. 

You can also contact MoneyHelper for free, impartial debt advice.