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i The advice on this page applies to residents in England and Wales only.

What is a liability order?

A liability order is a payment demand from the Magistrates' court if you do not pay back some debts, such as council tax arrears. It means:

  • Court-appointed debt collection agencies can visit you
  • The court can order you to make payments
  • Payments can be taken from your wages

It can be ordered by:


  • Your local council, or
  • The Child Maintenance Service (CMS)

It can be awarded if:


  • You do not pay council tax, or
  • You do not pay child maintenance

In Scotland, there is a similar process called the "Summary warrant procedure". Find out more about court action in Scotland.

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How does it work?

First, you will be ordered to either:


  • Make payment arrangements or
  • Have money taken directly from your wages. This is called a ‘deduction of earnings order’

What happens if I do not pay?

Enforcement agents (bailiffs) or sheriff officers can visit your home. They may be able to take goods to pay off your arrears.


In rare cases, if you do not pay your arrears after a liability order, you could:


  • Be sent to prison
  • If you do not pay child maintenance arrears:
    • Your driving license could be revoked
    • Your passport could be revoked
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Liability orders and child maintenance arrears

The CMS can apply for a liability order to collect unpaid child maintenance.

There is no ‘statute of limitations’, which means the claim could go back many years.

If this is the case, you may have arrears to the Child Support Agency (CSA). CSA cases have now ended, but any debts are still owed.

Read our guide to dealing with child maintenance arrears

Liability orders and council tax arrears

Your local authority can apply for a liability order seven days after issuing you a reminder or final demand.

This allows them to take further action against you.


  • You cannot go to prison for not paying council tax in Scotland, Wales or Northern Ireland
  • In England, the power to imprison exists but is rarely used

Read our guide to dealing with council tax arrears.


Dealing with liability orders

What happens when someone applies for a liability order?

You’re issued with a court summons telling you:

  • Where and when the court hearing will be held
  • The amount of council tax or child maintenance you owe
  • The period of time the arrears cover
  • Details of how much you should pay

Check that the details in the summons are correct. Contact the creditor if you disagree with anything.

How do I respond to a liability order court summons?

There will be a court form for you to respond with the summons letter. It is important to complete it and send it back even if you do not plan to attend court.

Going to the court hearing gives you a chance to explain why you have not paid. But you do not have to go.

You normally have to pay the court costs. Making a payment arrangement before saves you from paying these fees.

You normally have to pay the court costs. Making a payment arrangement before saves you from paying these fees.

What if I cannot pay?

The court will want evidence in writing of your situation.

Tell them about:


  • Any problems you have with the bank account used to pay the debt
  • You will need written evidence from the bank.

  • Being made redundant
  • Take a letter from your former employer confirming the details of your redundancy.

  • Any medical problems that have affected your ability to pay what you owe
  • You need to provide medical certificates.

Do you know about the debt and mental health evidence form (DMHEF)? This can help your creditors understand any mental health struggles.

Can bailiffs force entry with a liability order?

No.

A liability order does not give a bailiff the right to force entry to your home the first time they visit.

However, enforcement agents can force entry if:

  • They are re-entering to inspect
  • They are re-entering to remove goods

What does a liability order include?

The liability order covers:

  • Your arrears
  • The court costs for making the order

This amount is separate to your ongoing payments.

Can you go to jail for not paying council tax or child maintenance?

Technically yes.

Remember:

  • It is rare
  • It is a last resort
  • It only happens after trying all other ways to recover debts

You cannot go to jail for not paying council tax in Scotland, Wales or Northern Ireland. You can in England.

"Get in touch with StepChange, you'll wish you'd done it sooner" Rob, Wiltshire

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