Nobody wants to open their door to find a sheriff officer standing there – they very rarely visit to deliver good news – but as Steven raeburn finds out there is much more to getting debts paid than selling people’s TV sets.

Much of the law is hidden. We know it goes on, somewhere. But unless you are directly affected by it, huge tranches of the legal process operate practically invisibly, beyond the interests of the newspapers and the experience of the public. Among them is the much misunderstood art practiced by what we commonly know as Sheriff Officers.
Crime, criminals, jail terms and violence are sexy, media wise. Civil debt is not, although it is far more prevalent and concerns many more of us, our friends and neighbours. Most orders of court require either payment of money, seizure of assets or service of enforcement documents as the final stage of dispute resolution. It falls to the Sheriff Officers to make sure the will of the court is obeyed. That they operate with such a low profile is testament to their discretion, but if your recollections of Sheriff Officers are limited to bad memories from the time of the poll tax, think again, and take a closer look at the trade that is operating around you right now. Chances are, you just haven’t noticed them.
John Campbell is the principal of the Hamilton-based Messengers at Arms organisation which bears his name. A career veteran of this most misunderstood trade, who opened the doors of his practice to The Firm at the cusp of the implementation of the provisions of the Bankruptcy and Diligence (Scotland) Act, which introduces sweeping changes to the ancient profession, including the proposed cosmetic abolition of the Sheriff Officer’s title itself, intended to be replaced with the new Judicial Officer tag, although The Firm understands this move has been quashed. The Act also introduces land attachment and new regulations for Sheriff Officers and Messengers at Arms.
The essence of the job though, the enforcement of the will of the court, remains. And it is a delicate art, requiring the subtle skills of political judgement, professional attitude, discretion and patience. Hotheads need not apply.
Despite its venerability, the profession is adapting to cope with the evolving demands of the court, particularly in relation to civil debt, which has penetrated ever further into mainstream lifestyles in the past generation. Campbell explains how he views some fo the thinking behind the proposed changes.
“The change of name and the abolition of Messengers at Arms was connected to a thrust of modernisation,” Campbell explains.
“Most times when I introduce myself as a Messenger at Arms, invariably I am asked, ‘What is that?’ It goes back to the 16th century where the Messenger at Arms was in the Mercat Square on his horse touting for business with his sword, and off he trots into the Highlands with his summons. That is where the title hails from, and it is not really suitable for this day and age.”
“There was also a realisation that we had developed a poor reputation or image due to the Poll tax and the old warrant sale system. It was designed to give a more modern title, and get rid of the erroneous perception of the Big Bad Sheriff Officer.”
The execution of the Sheriff Officer’s work is more akin to that of a political canvasser than a bully boy. Overwhelmingly, the debtor who receives the knock will need the circumstances of the visit carefully explained, their options emphasised, and a strategy of next steps agreed. It may be easy to anticipate that this could lead to tensions, but in practice this is virtually unknown. A Judicial Officer exhibiting anything less than subtlety, tact and sensitivity will find himself out of a job and achieving nothing, very quickly.
“I have been involved in the profession for 27 years, and I know of only one complaint of any substance during that time,” says Campbell.
“When there are complaints, it tends to be just a lack of understanding on the part of the complainer, and a dislike of the procedure, rather than any negligence. The pressure comes from the document we are serving, and the message that is contained in the document, as opposed to the behaviour or the attitude of the Sheriff Officer. There is tact and diplomacy, but yes, there are individuals and organisations that we will regularly go to, and we know before we walk in the door we are going to get verbally abused or hassled. But we are prepared for that, and the last thing we should do is behave in a similar manner, or we are lost.”
Campbell’s fellow officer Mark Finnigan agrees that having the appropriate temperament is crucial for the successful performance of the job, which is something he demonstrates over the course of the day we are together, during which he undertakes 19 executions, varying from serving payment charges and arrestments, to performing attachments of assets and serving simplified divorce papers.
“An ability to read a situation and a person is a huge asset to a Sheriff Officer. We do change our approach and our handling of a situation based on the respondent’s personality. As time goes by we do that unwittingly. You have to have a level head. If you feel under pressure, and if you are an aggressive person by nature, you will take it personally, and that will make the situation worse,” Campbell says.
Mark Finnigan agrees. “You must be able to take a step back. Most of the time, you know straight away how the situation is going to go. Sometimes someone will have an aggressive attitude, and by the end they will apologise for the way they have spoken to you. Once they have calmed down, you go through it, explain things, and point out that you are trying to help them. I have had this many times, upon leaving the house, they say ‘I am very sorry for the way I spoke to you.’ They end up thanking you, and people don’t see that. If you resolve the problem with the creditor, both parties are happy.”
Finnigan describes the day we go out as fairly typical. Our route takes us through Lanarkshire, although he undertakes similar visits across Glasgow and Edinburgh according to expediency and demand. A lot of visits are to empty premises, the occupants simply at work or possibly moved on, although there is nothing to indicate any fleeing debtors on any of our 19 calls. Those will all warrant further action or investigation. Four of the visits result in the successful service of the required order of court, and at no point is Finnigan greeted and treated with anything other than courtesy, conversation and a constructive response. The execution of civil debt is routine, everyday, and practically invisible. With increasing levels of debt, it is fast becoming commonplace.
The introduction of the Bankruptcy and Diligence (Scotland) Act is intended to modernise the status of Officers of Court, in addition to updating the diligences available to creditors, which Campbell believes had become outmoded and balanced against the creditor. The increased social and business acceptance of the reality of debt in recent years has also seen procedures evolve.
Above all, perhaps the factor most likely to broaden the understanding of the role of the Sheriff Officer or Messenger at Arms is the reality that the world outside the profession has caught up with civil debt, which used to be a taboo subject. Now fully in the mainstream, with debt servicing and mortgage repossession now part of the modern condition, the attendant role of the officer of court is interfacing with the average citizen on a regular basis.
“There is a realisation of that, which has fuelled this change of attitude,” says Campbell. “I don’t get the same reaction when I introduce myself as a sheriff officer. There was a time when that got a negative reaction. You rarely get that, because I believe there is a genuine understanding now of how the country operates. That whole situation is helping to educate the people out there, and develop there understanding that there is no point in shooting the Messenger.”
These guys are professionals. It is unlikely ever to come to that.