Summons to court

If you have received a reminder but your Council Tax still remains unpaid, the Council will take further recovery action to obtain the money due.

This is done through the Magistrates Court and you will be sent a summons which will tell you how much money you owe and when the hearing will be.

You will be charged costs for the issue of the summons.

If you receive a summons and have recently paid please contact the Council Tax helpline.

What if I can't afford it?

If you can't pay the amount in full please contact the Council Tax Helpline. It is unlikely that the summons will be withdrawn but the Council can agree a payment plan with you.

What happens in court?

You can attend Court on the date given on the Summons and you can speak to the Magistrates. Council Officers will be at Court if you want to discuss payment of the money you owe. You do not have to go into court if you do not want to.

At the court hearing the Council will ask the Magistrates to issue a Liability Order against you. This can be done even if you are not present. You will be charged costs for the issue of a Liability Order.

What is a Liability Order?

The Liability Order gives the Council legal powers to recover the money you owe. These powers are:

To request information

The person subject to the Liability Order must supply information regarding their employment and income details. It is a criminal offence not to supply this information once requested, or to give false information.

Make deductions from your earnings

The Council can order your employer to take money from your wages or salary. This is then sent to the Council to pay your debt. Your employer can charge you £1.00 each time a deduction is made. Your employer must tell you each time an amount is deducted. It is an offence for your employer not to comply with the order.

Make deductions from your benefits

The Council can ask the Benefit Agency to take money from your Income Support, Jobseekers' Allowance or Pension Credits. This is then sent to the council to pay your debt.

Distress - removal of goods to pay a debt

The Council employs External Bailiffs to collect the debt, or to remove goods to the value of the debt. This method of recovery can incur substantial charges

Take bankruptcy proceedings against you

The Council can start proceedings in the County Court to make you bankrupt.

Apply for a charging order

The Council can apply to the County Court for a legal charge to be put on your property for the amount due. The Council will automatically receive the money plus costs when the property is sold. Additionally, the Council can apply to the court to request that a forced sale is made of your property.

Committal to prison.

In some circumstances, you can be sent to prison for not paying your Council Tax.

Page last reviewed 12 Feb 2008