IVAs · 6 min read
Can an IVA stop bailiffs?
An approved IVA stops creditors included in it from using bailiffs. When protection starts, which debts are covered, what happens during the proposal stage, and the costs and risks of an IVA.
- Fact-checked
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- Last updated
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- April 2027
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- England and Wales
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Independent guidance, not a government service. This page is general information about the law in England and Wales, not financial or legal advice. Debt solutions have fees, risks and consequences. For free, impartial advice, contact MoneyHelper or a debt charity.
The short answer
Yes, once it’s approved. When creditors approve an Individual Voluntary Arrangement (IVA), the creditors bound by it can’t take enforcement action – including using bailiffs – for the debts included. Before approval, there’s no automatic protection, so Breathing Space is often used in the meantime. IVAs have fees, last five to six years and affect your credit rating, so make sure you understand the alternatives.
IVAs are the most common form of personal insolvency in England and Wales. 71,841 IVAs were registered in 2025 (Insolvency Service), and they made up around 59% of all personal insolvencies in the 12 months to August 2026. For people with a regular income, several debts and bailiffs at the door, an IVA can be a way to stop enforcement and deal with everything in one go – but it isn’t the right answer for everyone.
How an IVA stops bailiffs
An IVA is a legally binding agreement under the Insolvency Act 1986. Once your creditors approve it:
- it binds every creditor who was entitled to vote, including those who voted against it or didn’t vote
- those creditors can’t take enforcement action, including using bailiffs, to recover the debts included
- they can’t start court action or bankruptcy proceedings over those debts while the IVA is running
- instead, they receive payments through your insolvency practitioner
If bailiffs contact you about a debt included in your approved IVA, give them your insolvency practitioner’s details and tell the creditor.
What about before the IVA is approved?
This is important. An IVA usually takes a few weeks to set up: preparing your proposal, sending it to creditors and holding the creditor decision. During that time there’s no automatic legal protection, and creditors could continue enforcement.
To bridge the gap, your adviser may:
- apply for Breathing Space, which stops most bailiff action for 60 days – read can Breathing Space stop bailiffs?
- contact creditors, especially your council, to explain an IVA proposal is being prepared
- in rare cases, apply to court for an interim order, which temporarily stops creditor action
Which bailiff debts can be included?
| Debt | Can it usually be included in an IVA? |
|---|---|
| Council tax arrears | Yes |
| County court judgments | Yes |
| Credit cards, loans, overdrafts, catalogues | Yes |
| Energy and water arrears | Yes |
| HMRC debts | Often, but HMRC votes on the proposal |
| Council parking penalties | Usually |
| Magistrates’ court fines | No |
| Student loans and child maintenance | No |
| Mortgage and other secured debts | No |
You must keep paying your current council tax, rent or mortgage and other ongoing costs during the IVA.
Who might an IVA suit?
An IVA is generally only considered if you:
- owe a significant amount to two or more creditors
- have a regular income and can afford a monthly payment after essential costs
- want to protect your home or other assets that might be at risk in bankruptcy
If you have little or no spare income and few assets, a free Debt Relief Order may be more suitable – read will a DRO stop bailiffs?
The costs and risks
Before agreeing to an IVA, make sure you understand:
- Fees. Insolvency practitioners charge a nominee fee and a supervisor’s fee, usually taken from your monthly payments. Together they can be several thousand pounds.
- Length. Usually five years, often extended to six for homeowners who can’t release equity.
- Credit file. An IVA stays on your credit file for six years and is listed on the public Individual Insolvency Register.
- Your home. Homeowners are usually asked to release equity towards the end of the IVA.
- Failure. If you can’t keep up payments, the IVA may fail, creditors can resume action and you could be made bankrupt.
- Windfalls. Inheritances, bonuses and similar windfalls usually have to be paid in.
Read our full IVA guide for more detail.
Be wary of pressure
An IVA is not a “government scheme”, and nobody can promise in advance how much of your debt will be written off. The FCA has warned that some debt adverts are designed to collect details and push people towards IVAs. A good adviser will explain all your options – including free ones – and will never pressure you to sign up on the first call.
More about IVAs
- IVA eligibility, IVA fees and is an IVA a good idea?
- IVA vs debt management plan and what happens if an IVA fails
Frequently asked questions
Does an IVA stop council tax bailiffs?
Yes, once the IVA is approved, if your council tax arrears are included. The council can’t use bailiffs to collect those arrears. You must still pay your current council tax.
Can I get an IVA if bailiffs are already involved?
Yes. Bailiff action doesn’t stop you proposing an IVA. Your adviser may suggest Breathing Space to protect you while the IVA is set up.
What happens to bailiff fees in an IVA?
Fees that have been lawfully added are part of the debt and can be included in the IVA along with it.
How quickly can an IVA be approved?
It typically takes a few weeks from preparing the proposal to the creditor decision. Protection from bailiffs starts once it’s approved.
Will an IVA stop bailiffs for a magistrates’ fine?
No. Magistrates’ court fines can’t be included in an IVA. Contact the court fines office about affordable payments.
Sources
- Insolvency Act 1986, Part VIII
- GOV.UK, Individual Voluntary Arrangements
- Insolvency Service, Individual insolvency statistics, December 2025
- Insolvency Service, Individual insolvency statistics, August 2026
- FCA, Unauthorised or unsuitable debt advice
How we wrote this article
- Research: written from primary sources such as legislation.gov.uk, GOV.UK and the Insolvency Service, then fact-checked by a second member of our team. The sources are listed above.
- Checked: last checked on . Next review due April 2027, or sooner if the rules change.
- Scope: applies to England and Wales. If you live in Scotland or Northern Ireland, read our Scotland and Northern Ireland guide. It is general information, not personal advice.
- Independence: we are not a government website or service, and we are not connected to any council, court or enforcement company.
- Money: we may receive a fee if we introduce you to a debt advice firm. This doesn't change what we write. How we're paid.
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