Clarks sheriff officers: what a letter means and what to do

If Clarks has written to you or served papers on you, a creditor is either taking you to court in Scotland or already has the legal right to enforce a debt. The most important deadline is usually the 14 days after a charge for payment. This page covers Scotland. For the full rules, see what sheriff officers can do in Scotland.

Who are Clarks?

The Society of Messengers-at-Arms and Sheriff Officers (SMASO) lists Clarks as a member firm with one office, near Dumfries, and one officer, Mike Clark, who is a messenger-at-arms and sheriff officer. SMASO does not list a website for the firm.

We found no Companies House entry for Clarks as a company or limited liability partnership. That is normal for a sheriff officer working alone or in an ordinary partnership, which do not have to register there. We could not find any published information about which creditors or councils the firm works for.

Every sheriff officer is commissioned by a sheriff principal, regulated by the Court of Session, and must be a member of SMASO. SMASO itself has no disciplinary powers over officers. A messenger-at-arms can also carry out work for the Court of Session anywhere in Scotland.

Why are Clarks contacting you?

In debt cases, sheriff officers usually do one of two things.

• Citation: serving court documents, such as a simple procedure claim form or a summons. This means a creditor is asking the court for a decree. Respond by the date on the papers.
• Diligence: enforcing a decree, or a summary warrant for council tax or another tax. This means the creditor already has the right to enforce, and the next steps can include arrestment of wages or a bank account.

A council gets a summary warrant without a court hearing, and a 10% surcharge is added to council tax arrears when it does. See council tax arrears if that is the debt.

What can Clarks do, and what can they not do?

Clarks must follow the same Scots law as every sheriff officer. In short:

• Charge for payment: a formal demand giving you 14 days to pay if you are in the UK. It stays in force for 2 years.
• Earnings arrestment: your employer deducts a set amount from your pay under statutory tables. Nothing is taken if your net pay is £750 a month or less.
• Bank arrestment: money above £1,000 is frozen and released to the creditor after 14 weeks unless something stops it.
• Attachment: goods outside your home, such as a car, can be attached, but a vehicle you reasonably need worth up to £1,000 is protected. Goods inside your home need an exceptional attachment order from the sheriff.

There is no English-style bailiff fee scale in Scotland. Sheriff officers’ fees are set by the Court of Session, and a new fees Act of Sederunt applies to work done from 25 September 2026.

What should you do now?

1. Find out what the paper is. A claim form or summons needs a response to the court. A charge for payment, arrestment schedule or attachment notice means enforcement has started. Note the dates.
2. Check the debt. Make sure the name, creditor and amount are right. Most debts in Scotland are extinguished after 5 years without a relevant claim or acknowledgement, but a decree lasts 20 years.
3. Contact the creditor or its solicitor with an offer you can afford. Use the details on your paperwork.
4. Act within the 14 days of a charge. For most debts under £25,000 you can ask the sheriff court for a time to pay order, which stops further diligence while you keep to it.
5. Get free money advice. An adviser can apply for a 6-month moratorium on diligence, or help with a Debt Arrangement Scheme programme, which stops diligence for the debts in it once approved. See where to get free debt advice.

IVAs and debt relief orders are not available in Scotland. Debt solutions in Scotland compares trust deeds, DAS and sequestration.

How do you complain about Clarks?

We could not find a published complaints procedure for Clarks. mygov.scot lists three routes for complaints about a sheriff officer: the firm that employs the officer, SMASO, and the sheriff principal through your local sheriff court. You can also complain to the creditor, council or solicitor that instructed the firm. The sheriff principal has the legal power to investigate an officer’s conduct.

Is the letter genuine?

Check the name of the creditor and the court or warrant on the papers, and contact the creditor using details from its official website or your own records to confirm. Do not use contact details from an unexpected text, email or call, and do not pay into an account you cannot verify. For your rights with collectors generally, see dealing with debt collectors.