How much does a Sheriff Officer cost ?

[Tigerplank]

Hi, Sorry if I've posted this in wrong place.

I was in a full-time job for just over 5 years & was asked to leave without holiday,redundancy etc because a new family member who was taken over wanted a new start.

I went to Citizens Advice & they told me what I was Entitled to.

I took my Ex-employers to court & won my case.

Now the problem is that after winning the case & the 42 day Judgement has passed & still no payment from them.Citizens Advice contacted the Judge who dealt with the case & he has ordered that I can now get a Sheriff Officer to go to the work.Can someone please tell me how I go about getting a Sheriff Officer & how much do they charge & what powers they have when they go to this work place.The place in question is still trading & is based in Glasgow.

Thanks for any Advice....

[maroondevo52]

Hello and Welcome,

 

The last time I used a Sheriff's officer to serve a Summary Cause claim on my Bank they charged me £15.75. That was a couple of years ago.

 

You'll find one Local to you in the Yellow pages or similar.

 

There's some info here..........

 

Act of Sederunt (Fees of Sheriff Officers) 2007 No. 550

 

Regards.

 

Scott.

[MARTIN3030]

Will move your thread to Scottish section

[maroondevo52]

Hi,

 

There's a list of Sheriff's officers here..............

 

S.M.A.S.O. - Contact

 

Regards to what powers they have, I believe they can remove goods from said premises to the value of the Court Order.

 

Don't quote me on that, as my knowledge of their powers is limited but I'll try to find out some more.

 

Regards.

 

Scott.

[Tigerplank]

Thx for the Links Maroondevo

[buzby]

If you are based in a large city, there are plenty to choose from - but whilst they all have a 'recommended' rate set by the courts, their fees can vary widely, so the est thing is to do an internet search to find which one meets your needs and costs.

 

I've used 3 diggerent ones in Glasgow, and there was nothing much to choose between them, they visited the premises, and either delivered the charge or enforcement, however I do think you'll be looking at at least £60 as they invariablt require TWO visits to sort the matter, however these charges are fully recoverable by the SO so it should not cost you anything at the end of the day.

[Tigerplank]

If you are based in a large city, there are plenty to choose from - but whilst they all have a 'recommended' rate set by the courts, their fees can vary widely, so the est thing is to do an internet search to find which one meets your needs and costs.

 

I've used 3 diggerent ones in Glasgow, and there was nothing much to choose between them, they visited the premises, and either delivered the charge or enforcement, however I do think you'll be looking at at least £60 as they invariablt require TWO visits to sort the matter, however these charges are fully recoverable by the SO so it should not cost you anything at the end of the day.

 

Sorry for Sloooooow Reply, my hotmail never told me someone had posted :-|

 

Thanks for reply Buzby.I'm also in Glasgow.So I should not be charged £100's for the officers to Act ? Also do the Officers have the power to close the Premises ( public house ).Do they Act within weeks or do they Act in like a Month or so...Sorry for the 10,000 questions but would like to know as much as possible before I go to the Officers.I got the Extract today in the post & can now Act.

[buzby]

They have no power to 'close' an establishment. If you don't get paid after winning your action, you need to send in the SO to service the Charge Order. (£35 or so). They then have 21 days to pay, if no payment is recieved you go to the court for a 'Warrant of Execution' this enables the SO to locate (poind) stock or other goods on the premises to reach the full amount owed.

[Tigerplank]

Knowing this Employer he will refuse payment.How long does a 'Warrant of Execution' take ? This has been going on for well over a Year now.

[buzby]

It's a formality. You apply to the court for it, and then prvide this to the SO so they can be authorised to make a recovery. Full details and an explanatory PDF are on the Scottish Courts website.

[Tigerplank]

Went to see a Sheriff Officer today & was told it was £54 for them to Act.When I asked what they do to recover the money I was told they go to my previous Employers work ( still trading ) & Ask him to make payment within 10-14 days.If the Employer say's he's not paying the Sheriff says all they can do is Arrest his wages, Only if he gives them the Bank details & he is allowed to Refuse them these details.This court case took well over a year & come to....Does the Employer want to pay ?

If I knew this was the Law in Scotland I would not have wasted my time.This Law is wrong & makes honest people be used/abused by every corrupt Employer out there.He owes me holiday & redundancy money & he sticks 2 fingers up to me & this so called Court that can't do a thing about it.I thought Sheriff Officers had the power to go in to places & stop them trading etc

[buzby]

I've spoken to more able Sheriff Officers. Firstly if the Employer is a director of the firm, then the action is jointly against both - do no 'wage arrestment' the firm is made to pay. It is true they need to discover the bank account, as the DPA prevents disclosure of the details, however you must know who he and/or the firm bank with? An order to the Bank's Head Office, naming the branch the account is held is all you need. The bank must identify the debtor and 'attach' the funds - always assuming there IS funds available (you cannot 'attach' an overdraft.

 

How would stopping him trading help get the money? They can only take money from where it exists, but some lateral thinking is useful to identify his assets - it's a lot of work but normally recieves the benefit of repayment when they realise you mean business.

[Tigerplank]

I've spoken to more able Sheriff Officers. Firstly if the Employer is a director of the firm, then the action is jointly against both - do no 'wage arrestment' the firm is made to pay. It is true they need to discover the bank account, as the DPA prevents disclosure of the details, however you must know who he and/or the firm bank with? An order to the Bank's Head Office, naming the branch the account is held is all you need. The bank must identify the debtor and 'attach' the funds - always assuming there IS funds available (you cannot 'attach' an overdraft.

 

How would stopping him trading help get the money? They can only take money from where it exists, but some lateral thinking is useful to identify his assets - it's a lot of work but normally recieves the benefit of repayment when they realise you mean business.

This Public house is owned by Scottish & Newcastle who Lease it to my Ex-Boss. I'm not sure they would be Liable ?

I know it's 1 of 2 Banks,So can the Sheriff Officers do a check on both Banks ?

I know closing a premises might not get me my money back but it would make him think twice about not paying.

Again Thanks for replying & I'll take your Advice to the Sheriff Officer & see what he says & get back to you.

[buzby]

He's only the leaseholder - if S&N are the true owners, then you couldn't 'close him down' in that sense - the pub is theirs, and could just as easily replace him with another leasolder prepared to step in for any breach (say, if he didn't open during licencing hours). It would be useful to see a specimen copy of a S&N landlords lease, so you could work out how to make him default on his obligations to the brewery - all these are legal methods to enforce your judgement.

 

As for the garnishee of the bank accounts, in your paperwork you simply state the names and addresses of the banks concerned. The SO will either call at each branch, or more likely approach the bank HO with the details. If one of the banks says they have no account in the name of the ex-Boss they move on to the next. There are two things to remember, you MUST ensure that the bank is told of all names and trading styles used. If he operates under the protection of a Ltd Company, then your original action would have to be against that company, as it is a legal entity in its own right. If the ex-boss is simply running the account as 'Joe Bloggs trading as the 'Star Bar' or whatever) then mention both in case the account is known only as the Star Bar - see what I mean?

[Tigerplank]

Ok 4 Months later & Nothing has happened.The Sheriff Officers can't find his account details all thou the Pub is in his name as lease holder.He refused to give them any bank details & the officer says he can't do any more.If I took him to a small claims court would they have any Legal powers to make him pay unlike the Tribunal had ?

 

Any help welcome.

[buzby]

An investigator (not a Sheriff Officer) may have the ability to weadel out the information from other available sources, but the issue remains, unless a SO is prepared to point property to the value of the court-approved debt, you're stuffed. Taking out a fresh action in the Small Claims Court will not add to their powers in any way. Perhaps identifying his vehicle(s) or other property will make him think twice and arrange to settle?

[Tigerplank]

An investigator (not a Sheriff Officer) may have the ability to weadel out the information from other available sources, but the issue remains, unless a SO is prepared to point property to the value of the court-approved debt, you're stuffed. Taking out a fresh action in the Small Claims Court will not add to their powers in any way. Perhaps identifying his vehicle(s) or other property will make him think twice and arrange to settle?

 

Thx again Buzby for taken time-out to help me. When you say his car, are you saying that the SO can take his car from him like bailiffs in England do ?

[buzby]

SO can poind (attach) ANY goods belonging to the debtor, except his bet and tools of the trade. Assuming the car is his and not financed, it is fair game. SO's can do anything an English bailiff can.