Kirk & Co: what a letter means and what to do

A letter from Kirk & Co means a creditor has involved officers of court, either to start a case by serving papers or to enforce a decree. It is serious, but you still have options, particularly in the 14 days after a charge for payment. This page covers Scotland only.

Who are Kirk & Co?

Kirk & Co is a member firm of the Society of Messengers-at-Arms and Sheriff Officers (SMASO). SMASO lists one office, in Greenock, and one officer, Graeme Kirk, a messenger-at-arms and sheriff officer.

The firm’s website says it was formed in 2002, with Graeme Kirk as senior partner. It says it personally covers the sheriffdoms of North Strathclyde (including Greenock, Paisley, Kilmarnock and Dumbarton), South Strathclyde, Dumfries and Galloway (including Hamilton, Airdrie, Ayr and Dumfries), and Glasgow and Strathkelvin, and passes work elsewhere in Scotland to agents it works with. The website carries a 2012 copyright date, so some details may have changed.

We found no entry for the firm on Companies House. Ordinary partnerships and sole practices do not have to register there.

Why are Kirk & Co contacting you?

The firm lists service and enforcement of Scottish, English and foreign court actions, witness citations, repossessions, statutory notices, tracing and pre-court reports. It says its clients range from large law firms to members of the public with one-off instructions.

So your letter is likely to be:

• Court papers, such as a summons or simple procedure claim. This is not enforcement yet. Respond by the date given.
• A charge for payment after a creditor gets a decree or summary warrant. It gives you 14 days to pay if you are in the UK.
• An arrestment of your wages or bank account, once a charge has expired.
• A notice or repossession paperwork, for example for a landlord or lender.

What can Kirk & Co do, and what can they not do?

Sheriff officers can only enforce a debt once there is a decree, summary warrant or similar warrant. Our guide to what sheriff officers can do in Scotland explains each step. The key protections:

• Wage deductions under an earnings arrestment follow statutory tables.
• The first £1,000 in a bank account is protected, and arrested money goes to the creditor after 14 weeks unless something stops it.
• A vehicle you reasonably need worth up to £1,000 cannot be attached, and goods inside your home need an exceptional attachment order.
• Fees are set by the Court of Session, with a new fee scale for work done from 25 September 2026.

What should you do now?

1. Identify the document and note its date.
2. Check the debt is yours and the amount is right. Ask the creditor for a breakdown.
3. Contact Kirk & Co or the creditor, using the details on your paperwork, with an offer you can afford.
4. If you have been charged, act within 14 days. For most debts under £25,000 you can ask the sheriff court for a time to pay order.
5. Get free money advice from MoneyHelper, StepChange, Citizens Advice Scotland or National Debtline: see where to get free debt advice. An adviser can apply for a 6-month moratorium on diligence.
6. If you have several debts, compare debt solutions in Scotland, such as the Debt Arrangement Scheme.

How do you complain about Kirk & Co?

1. Complain to the firm first, in writing.
2. Complain to the creditor that instructed it. For a council, the Scottish Public Services Ombudsman is the final stage.
3. Complain in writing to SMASO, which has no disciplinary powers but can refer a serious complaint to the judge responsible.
4. Complain to the sheriff principal through your local sheriff court.

For your rights with debt collectors more generally, see dealing with debt collectors.

Is the letter really from Kirk & Co?

Check the firm and the officer’s name in the SMASO member directory. Use contact details from your paperwork or the creditor’s official website, not a number from a search result or an unexpected message. This page does not list the firm’s contact details.