Summons and Liability Orders - Frequently Asked Questions

Why have I been sent a summons?

A summons has been issued because the council’s records show that you are in arrears with your council tax payments.

What is the summons for?

A summons is an order to attend the magistrate court, where the council will ask the magistrate to grant a liability order.

What is a liability order?

The court will grant a liability order if it is satisfied that you owe the council tax shown on the summons. It gives the council the authority to take action and collect the money you owe. The options the council can use are:

  • Personal financial information – the council can demand that you provide information about your personal circumstances.
  • Having money taken directly from your earnings – the council can ask your employer to make regular deductions from your salary.
  • Having money taken directly from your income support, jobseekers allowance, pension credit or ESA.
  • Instructing bailiffs to remove items belonging to you and sell them.
  • Putting a charge on your property. If this is done, the council can force you to sell your property and pay off the council tax debt plus interest out of any money left after the mortgage has been repaid.
  • Applying to make you bankrupt.
  • Applying to the magistrates’ court for your committal to prison.

What if I disagree with the amount owed?

If you do not agree that you owe the amount shown on the summons, please contact us immediately on 0151 606 2002.

If you are unable to rectify the problem with the Council before the court hearing you should go to court.

Do I need to go to Court?

No, you do not have to go to court if:

  • You pay the full amount that you owe, including the summons costs, before the court hearing date. Your case will not be heard and the council will not apply for a liability order or,
  • You contact the council immediately, before the court hearing date, and agree an acceptable arrangement to pay what you owe (this will include costs). The council will still apply for a liability order, but as long as you keep to the arrangement you have made, no further action will be taken. (Please note, unless payment in full plus the summons costs is made before the hearing, liability order costs will be added.)

What happens at the court hearing?

The court only considers whether you are liable to pay the council tax and not your ability to pay it. If the council finds that you are liable to pay and you have not done so, the magistrates will grant a liability order.

Will a liability order always be granted?

No, the law says that a liability order will not be granted in certain cases. There are a number of defences that you can use to say why a liability order should not be granted against you. The most common defences are:

  • The council has not asked for the council tax in the correct way, as the law sets down.
  • The amount on the summons has been paid in full including costs (and a receipt is shown).

It is not a defence when:

  • You cannot afford to pay.
  • You have applied for council tax benefit but have not yet heard anything.
  • You have appealed against your council tax. If you have appealed against the council tax, you must still pay the amount on the summons. The council will send you a new bill if your liability changes and if you have paid too much, you will get a refund.