Time to pay orders

An application form for the TTPO (FORM 2) can be obtained from the local sheriff court. The debtor can either make application in writing or attend court personally (lay representatives are permitted), and they can offer payments by instalments or as a lump sum.

The sheriff will then grant an interim order temporarily preventing the creditor from completing the diligence. 

The creditor then has fourteen days to object to the payment offer made by the debtor. If the creditor makes no objection to the TTPO, it will be granted in favour of the debtor. However, if there is an objection, the sheriff clerk will set a date for a hearing where the sheriff will decide the outcome. This is effectively another diligence stopper. (Lay representation is allowed).

NOTE:  Time to pay applications under The Simple Procedure are known as a 'Time to Pay Application' and the one form (Form 5A) is used throughout the process, before and after the sheriff's decision.  The Ordinary Cause Procedure still uses two forms; one before and one after decree, as above.