Courtesy of Citi Zens: Steven Spy Not Paying Council Tax What is the legal situation regarding non payment of Council Tax? The following is by a qualified solicitor The legal situation is that non-payment of Council Tax is not a crime, or anything illegal. It is only a civil matter, and a Liability Order is not a criminal order, not would anyone in receipt of a Liability Order have a criminal record. It does not even amount to a County Court Judgement, and it is not recorded by Registry Trust, which is the Government body responsible for recording County Court Judgements. The only two licensed credit reference agencies - Experian and Equifax - have both confirmed the above, as have Registry Trust. The following is from the legal department of a local county council Not paying Council Tax is certainly not a criminal offence and the issue of a liability order at the Magistrates Court does not create a criminal record, nor even does it affect your credit rating, unlike County Court judgements, which do! The remedies for recovery of unpaid Council Tax are: Attachment of earnings or benefits Distraint Order (seizure of goods to the value of the debt by bailiffs) Insolvency proceedings (bankruptcy) Putting a charge on the debtor’s property Imprisonment. Costs are incurred for the issue of the summons (£25.70 currently), more costs are incurred for the issue of the liability (£25.00 currently), more costs are incurred when bailiffs are involved (various), more costs are incurred if committal is sought or a charge is put onto the property or bankruptcy action is taken. These costs vary according to the action taken. The question regarding contempt of court has been referred to the Councils solicitor. However I have not, yet known anyone to be prosecuted for it. The liability order is not an order to pay. It is an order which gives the holder certain recovery tools, as have already been listed. It would be up to the Council to determine which tool to use, if that proves necessary. However, be aware that some tools are only available after taking other action, for example committal can only be requested after a Distraint Order has proved unsuccessful.
Posted on: Wed, 10 Dec 2014 01:03:32 +0000