Sheriff officers rights and powers. What they can and can’t do

What powers do sheriff officers have?

Sheriff officers can serve or issue court papers, either by hand or first class recorded delivery. Where possible they will try to speak to you about what action is being served and explain the importance of the documents and the process involved. Sheriff officers also enforce any diligence. Diligence cannot begin until a ‘Charge to Pay’ or a ‘Charge for Payment’ has been issued. This tells you to pay the debt in full within a specific period of time, usually 14 days.

Sheriff officers can start diligence to enforce the recovery of goods (e.g. hire purchase items), money owed or the repossession of your home. Sheriff officers can, on the instruction of the creditor, agree a suitable arrangement to prevent further action being taken.

If you’re not sure what to do, we’d recommend contacting us for advice on your options. Diligence can include arresting your earnings, attachment of goods, arrestment of your bank account and petitioning for your bankruptcy.

Need advice on dealing with a sheriff officer?

Can a sheriff officer break into my home?

It's very rare for a sheriff officer to break into your home. This is only possible when instructed by a court order and the method of diligence is an ‘Exceptional attachment of goods’. If the sheriff officers do break into your home they must leave it secure and lock fast.

You must be given at least 4 days notice before the sheriff officer attempts to gain entry. Sheriff officers can remove items immediately or give you notice of when they'll return to remove the items.

Sheriff officers aren't allowed to enter a property where the only person inside is under 16years old. They can’t remove goods either outside or inside your property when there's substantial proof that the goods don’t belong to you.

Help and advice on sheriff officers

Our dedicated team in Glasgow can offer you free, impartial advice on your options. We can also discuss a range of debt solutions tailored to your situation.