Enforcement in Scotland
Scott + Co are a leading provider to court users for the provision of citation and diligence services across Scotland. We deal with all instructions in-house and covering the whole country ensures we have no need to sub-contract instructions thus providing maximum continuity of service.
We should highlight that our function is to attempt to enforce orders issued by the court. We are unable to guarantee the successful recovery of any monies ordered by the court’s decision.
Simple Procedure
This procedure is for actions of £5,000 or less and is designed to be speedy, inexpensive and to take up less of the courts time. The application process is largely paperless with much of the process being carried out online. In view of this, we can accept and return instructions to serve a Simple Procedure Claim form by e-mail. In all Simple Procedure cases service must be attempted by recorded delivery post in the first instance. When instructing us to proceed on your behalf you should provide a Form 6A – Claim Form and Form 3D Timetable.
Charge for Payment
A Charge for Payment is a formal written demand for payment of all sums due and is a prerequisite for Earnings Arrestment, Attachment or Money Attachment. After it has been served on a debtor it provides a period of 14 days to comply. Should the debtor fail to make payment then further action may take place. A Charge for Payment can also be used to establish the apparent insolvency of a debtor where the debt exceeds £5,000.
Enforcement Options
Earnings Arrestment
This document is served by us on the defender/respondent’s employer by Recorded Delivery and requires the employer to make a deduction from their salary on every payday in terms of a prescribed table of deductions. This is generally recognised as the most popular and cost-effective method of enforcement against an individual debtor in Scotland. A prior Charge for Payment must be served on the Defender with a Debt Advice and Information Package before proceeding with the Earnings Arrestment.
Please note that we do not track the effectiveness of the Earnings Arrestment when served, the Employer is directed to correspond and make deductions under the Earnings Arrestment directly to you. It is your responsibility to contact the Employer directly for any queries in the operation of the Earnings Arrestment.
Ordinary Arrestment
This allows funds in the hands of a third party (usually a Bank) to be arrested with payment of any funds frozen going to the Creditor after a period of 14 weeks unless any objection is lodged to the procedure by the debtor. There is a protected minimum balance of £1,000 for bank accounts meaning that only funds held at credit in excess of that sum can be arrested where the debtor is an individual. There is no protected minimum balance where the Defender is a business or limited company. A prior Charge for Payment of Money is not required before service of an ordinary arrestment.
Please note that we do not track the effectiveness of the Arrestment and the Bank or third party is directed to correspond with you directly. Where funds have been attached you should receive confirmation of this from the Bank or third party within 3 weeks of the date of service of the Arrestment. If you do not hear from the Bank or third party, you should contact them to ascertain the outcome of the arrestment.
Attachment
This enables the seizure of assets in the defender/respondent’s possession but only applies to assets kept outwith a dwelling place so mainly applies to motor vehicles, garden equipment etc. A separate application process must be used to apply for an Exceptional Attachment Order which authorises a seizure of assets kept within a dwelling place. We will not undertake applications for an Exceptional Attachment Order on your behalf.
Most Attachments are executed at commercial premises. Assets are appraised at an “open market” value and the process is completed by a public auction.
A prior Charge for Payment is required before proceeding.
Money Attachment
This can be used in commercial premises only and allows the seizure of cash within premises. Usually used for licensed premises such as bars, restaurants, nightclubs, bookmakers, corner shops etc.
Sums of money seized are removed by the Officer and held in our clients account pending a payment order from the court authorising the release of the funds to the creditor.
A prior Charge for Payment is required before proceeding.
Inhibition
This prevents the disposal of heritable property owned by a defender/respondent in Scotland to the prejudice of the inhibiting creditor. Usually used when a defender/respondent places their property for sale. The Inhibition is registered at The Registers of Scotland (ROS).
Can be used against companies and individuals and a prior Charge for Payment of Money is not required.
Other services
We also offer a full range of Tracing and Enquiry services including Pre-Litigation reports. Costs associated with these services are not recoverable from your debtor. Please contact us for details of the costs associated with this service.
Recovery of Diligence (Enforcement) Costs
The fee for each diligence is recoverable through that diligence only and no other legal means. The Charge for Payment fee is recoverable through follow on diligence such as Earnings Arrestment, Attachment and Money Attachment. You will require to pay for each diligence fee in advance of service and regardless of whether or not that fee is recovered from the Defender.