Summary warrant

The summary warrant procedure is a quick means for certain public creditors to pursue the amounts they are owed. Used mainly by local authorities and Her Majesty's Revenue and Customs, this process involves an application to court in respect of debts due by several different debtors. No hearing is held, so in the initial stages of this procedure the debtor is totally excluded.

Until commencement of Part 12 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 public creditors were not required to serve a charge for payment prior to executing diligence following a summary warrant.

Applications for formal time to pay are competent in respect of debts due to local authorities. (Debtors are still unable to apply for time to pay in respect of debts due to HMRC).

Creditors using the summary warrant process must serve a charge for payment prior to executing all diligences. (Note - If a public creditor chooses to pursue debt by decree as opposed to summary warrant they do not require a charge for payment prior to enforcement by arrestment - see non earnings arrestment).