Council Tax - Court action and what happens

Council Tax payments should reach the council on the day that the instalment is due at the latest. This is normally the 1st of the month.

If it isn't collected in time, we have difficulty in paying for the services we provide and in paying Hampshire County Council, Hampshire Constabulary and Hampshire Fire and Rescue their share.

What happens if payment is overdue

We will send a reminder. If you get one, you must bring your account up to date within seven days.

If this is not done the whole amount due for the year becomes payable immediately within a further seven days. This means that you have lost the right to pay by instalments and further recovery action will be taken.

If you have received a reminder and are finding it difficult to pay the outstanding instalment(s) within seven days, get in touch. We may be able to spread your payments over a longer period, particularly if you agree to pay by Direct Debit.

What if I get a Cancellation Notice?

This means that despite a reminder notice your instalments are again in arrears and your right to pay by instalments has been cancelled.

We may still enter into a payment arrangment with you, however this will normally be subject to payment by Direct Debit and the Council still applying for a summons and a Liability Order (please see below for more information).

Summons

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 on (01730) 234401.

What if I can't afford it?

If you can't pay the amount in full please contact the Council Tax Helpline on (01730) 234401. It is unlikely that the Summons will be withdrawn but the Council can agree a payment plan with you.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.

At the court hearing we will ask the Magistrates to issue a Liability Order against you. This can be done even if you are not present.

Liability Order

The Liability Order gives us 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. Click here for Financial Information Form in printed format or here for a spreadsheet version.

To attach earnings
We can order your employer to take money from your wages or salary. This is then sent to us to pay your debt. Your employer can charge you £1.00 each time a deduction is made and must tell you each time an amount is deducted. It is an offence for your employer not to comply with the order. Click here for details of deductions.

To make deductions from your Income Support
We can ask the Benefit Agency to take money from your Income Support. This is then sent to the council to pay your debt.

Charging Order
We 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.

Bankruptcy / Insolvency
We can start these proceedings against you.

Distress - removal of goods to pay a debt
The council employs External Recovery Agents (bailiffs)

Bailiff Organisations:

MCBA (Certificated Bailiff Association) Ridgefield House - 14 John Dalton Street - Manchester M2 6JR  www.bailiffs.org.uk 
ACEA (Association of Civil Enforcement Agencies) Chesham House - 150 Regent Street - London W1R 5SA  www.acea.org.uk                       

Committal to Prison - After unsuccesful Distress

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

For further information please use the customer feedback facility , send an email to revenues@easthants.gov.uk or telephone: (01730) 234400.