How to apply for 'Time to Pay'
Applying to the court
You need to apply to the court for Time to Pay and complete an application form.
The paperwork from the court will tell you the date you need to apply by.
Depending on the type of court procedure the date may be called:
- the last date to respond
- date of expiry of period of notice
The application form you need and how you get it depends on the:
- type of debt
- amount of the debt
- court process the debt is going through
Debts up to £5,000 using the Simple Procedure
Applies to most debts up to £5,000 but excludes:
- money you owe to do with divorce or maintenance
- income tax
- VAT
- car tax
Download an application from the Scottish Courts website
You need to move down the page until you find the name of the form in the list.
Form 5A :Time to Pay Application
Ask the court to post a form to you
Debts covered by the Consumer Credit Act (1974)
This includes debts from HP agreements and credit cards. The type of Time to Pay agreement for these debts is called a 'Time Order'.
Get help with a Time Order
The rules around ‘Time Orders’ can be complicated so you should get advice from a debt or money adviser.
If you're unsure if your agreement is covered by the Consumer Credit Act (1974) you can get ask a debt or money adviser.
Check where to get free debt and money advice.
Read more about Time Orders on the National Debtline website.
Download an application from the Scottish Courts website
You need to move down the page until you find the name of the form in the list.
Form 5A :Time to Pay Application
Ask the court to post a form to you
Debt dealt with by the Court of Session
The Court of Session usually deals with:
-
complicated debts
-
high value debts
If your debt is being dealt with by the Court of Session you should get advice from a debt or money adviser.
Check where you can get free debt and money advice.
Download an application from the Scottish Courts website
You need to move down the page until you find the name of the form in the list.
Form Chapter 44: Time to Pay Direction
Ask the court to post a form to you
Summary Warrant debts (including council tax arrears)
You'll know you've got a Summary Warrant as sheriff officers deliver this to you. This could be in person or by posting it through your door.
The Time to Pay application form is included with the Summary Warrant. If you need another form, you should contact the company the sheriff officers work for.
These details are included on any documents they send you or deliver to you.
You cannot get a copy of this application from the Scottish Courts website.
Complete the Time to Pay application form
You need to complete the form with details of things like:
- how you want to pay the debt
- why you need time to pay and cannot pay the full amount right away
- your financial situation including money coming in and outgoings
-
any children or dependents you have
- any other debts you have
If your bank account has been arrested, there's a section on the form to ask the court to stop it.
Get help to apply
You can apply yourself. You can also get help with Time to Pay from a money adviser.
They can also give you advice and check if there's a better solution for your situation.
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