Council Tax - recovery
When do I have to pay my Council Tax?
Council Tax is an annual charge which is normally paid in 10
monthly instalments starting in April. You will be sent a bill at
least 14 days before your first payment is due and you will be
advised of the amounts to pay and the due date.
If you pay by Direct Debit, you save time,
money and you do not run the risk of falling behind as payments are
made for you by your bank or building society. You can choose the
7th or 27th of the month, whichever suits you better.
If you are having difficulty in paying your
Council Tax, please get in touch with the Council immediately
(01622 602003).
What happens if I don't pay on time?
If you do not pay an instalment on time you
will be sent a reminder notice. If you pay the amount shown on the
reminder within 7 days, then your instalment arrangement can
continue. If you do not pay as requested on the reminder notice,
then a summons will be issued and costs will be incurred.
If you get a summons
The summons will advise you to appear at
Maidstone Magistrates Court to explain why you have not paid your
Council Tax. The summons will result in costs payable. If you pay
the amount in full, including costs that is shown on the summons,
the court hearing will not go ahead.
The Court Hearing
At the court hearing the council will apply for a liability
order. This will incur further costs. The liability order enables
the council to recover the money in a number of ways (please see
below).
Can I pay the arrears by agreeing a payment plan?
We will consider any offer to repay your arrears. However, a
liability order will continue to be applied for (incurring further
costs) as security against you defaulting on the payments. If you
agree to a payment plan you must make the payments on time,
otherwise further recovery action will take place.
What happens if a Liability Order is granted against me?
The council will send you a letter informing you that a
liability order has been granted by the magistrates. The letter
requests certain information which you have to provide by law. It
is a criminal offence not to supply this information or to supply
information which is false.
What powers does the council have to enforce the liability
order?
The methods most commonly used to enforce the liability order
are:
- Attachment to your earnings
- Attachment to certain state benefits
- Bailiff Action
- Commencing bankruptcy proceedings
- Putting a charge on your property if you own your home
- Application for your committal to prison
- What about bailiffs?
- The bailiff employed by the council may call at your home to
make a list of goods. You should try to make a payment plan with
the bailiff. If you fail to honour the payment plan the bailiff
could return later to remove and sell your goods. At this stage,
further costs will be incurred for the removal of the goods,
auctioneer's fees and the cost of storage.
If the bailiff calls and you fail to make contact, or if you
have insufficient goods which can be removed, the bailiff will
return the liability order to the council for further enforcement
action.
Prison - the last resort
If other options fail, then a summons may be issued requiring
you to attend a committal hearing in the Magistrates Court. The
Justices will carry out an examination into your conduct and means.
If they consider that the money should have been paid, a warrant of
commitment may be issued placing you in prison for up to three
months. This action will involve additional costs.