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Committal Proceedings

If our last chance offer is ignored a thorough review of the whole case is carried out. If the decision is to take the case forward to Court a letter (PDF: 6Kb / pages) is sent to the customer telling them we now intend to begin committal to prison proceedings, it urges them to make contact.

Failure to make contact results in the recovery court officer applying to the magistrates for a  summons (PDF: 6Kb / pages) to secure the appearance of the customer before the Court.

At court the Councils officer will present the case for the council and will refer to all necessary evidence. The customer will have the chance to explain to the Magistrates why they have not paid as demanded. The court officer will ask that the Magistrates find that the customer is guilty of wilful refusal or culpable neglect in not paying the council tax and that they be given a term of imprisonment in line with current guidelines.

The Council are bound by the courts decision and any alteration to that decision has to be made by the court itself.

The Magistrates have the option of committing to prison, remitting part or all of the debt, or making an order for payments by weekly, fortnightly or monthly instalments, which are monitored by the Councils court officer and reported back to the magistrates on a date fixed by the court for review.

For futher information:

  • Contact: Recovery Officer
  • Email: recovery@eden.gov.uk
  • Telephone: (01768) 212217 / 212247 / 212221 212189
  • Fax: (01768) 890653