Council Tax magistrates' court summons

If you don’t pay or you’re unable to keep up to date with your instalments, we will issue you with a magistrates' court summons.

When we issue a summons, costs associated with the process are added to what you owe. You must pay the full amount shown on your summons, including the court costs before the hearing date.

If we don’t receive the full amount before the hearing date, we will ask the magistrates' court for a liability order. This gives us more powers to recover the amount you owe.

If the magistrates' court grant the liability order, extra costs are added to what you owe.

Details of court hearing date and time and how you can attend, which is often by a remote link, will be included with the summons documentation sent. 

What you need to do

Pay your debt in full

You should pay your Council Tax debt in full (including costs), before the court hearing to avoid further action and extra costs.

Arrange to pay in instalments

If you accept that you owe the money, you can pay in instalments as set out on the arrangement letter sent to you with the summons.

We will still ask the court for a liability order. If you keep to the agreement they will not take any other steps to recover the debt. 

If you wish to accept the proposed arrangement then the only action you need to take is to pay the first instalment requested.

Make a payment arrangement

If you are unable to pay the full amount, including costs, you can ask to make a payment arrangement online.

We can still help you at this stage - contact us about your debt.

What happens in court

You have the right to attend the court and offer evidence as to why you aren’t liable for the council tax charges. However, you only really need to attend if you have a legal defence to put to the magistrates as to why you feel that you are not liable to pay the amount due.

If you go to the court hearing, the magistrate will ask if you have a valid defence, which will stop the liability order being granted.

There are only two defences for not paying your Council Tax:

• you have already paid the amount shown on the summons
• the council haven’t demanded the Council Tax in the way the law says they have to

The council have to pass a resolution setting the Council Tax and it has to be published. They also have to prove they sent you a bill. They don’t have to prove you received the bill.

It’s not a valid defence if you’re not paying your Council Tax because:

• you have appealed against your Council Tax band - you must pay the amount on your bill until your appeal is heard.
• you believe that Council Tax is unfair
• you believe that Council Tax should never have been made law

If you believe you’re not the person who has to pay the Council Tax, Council Tax doesn’t apply to your property or that you are entitled to a discount you should contact us. You remain liable to pay in the meantime.

If you don’t have a valid defence, the court will grant a liability order.