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Chapter 9: Diligence

• 1. Attachment and exceptional attachment
• Attachment
• When attachment is used
• How the attachment is carried out
• Goods exempt from attachment
• Unlawful acts after attachment
• How long an attachment lasts
• Redemption of attached goods
• Challenging an attachment
• Exceptional attachment
• Exceptional attachment order
• Exceptional circumstances
• Sheriff officer’s power of entry
• Unlawful acts before attachment
• Valuation
• Goods exempt from an exceptional attachment order
• Redemption
• Goods of sentimental value
• Challenging an exceptional attachment
• Forms for exceptional attachments and attachments
• 2. Earning arrestment
• Current maintenance arrestment
• Conjoined arrestment orders
• How does it work
• Earnings arrestment schedule
• Employer’s duty to provide information
• Creditor’s duty to provide information
• Client’s duty to provide information
• Applications for orders that an earnings arrestment is invalid
• When does an earning arrestment end
• 3. Bank arrestment
• What is a bank arrestment
• When can an account be arrested
• Arrestments in execution (following decree)
• Summary warrant
• Summary diligence
• Arrestment on the dependence
• The banks’ role
• Protected minimum balance
• Stopping a bank arrestment
• Negotiating with a sheriff officer
• Raising a notice of objection in the sheriff court
• The warrant the arrestment was executed on was invalid
• The arrestment has been executed incompetently or irregularly
• Bank arrestment stoppers
• Time to pay order
• Statutory debt solutions
• 4. Money attachment
• What is a money attachment
• What can be attached
• When is a money attachment competent
• Schedule and report
• Release of money attachment
• Unduly harsh
• Invalidity and cessation of attachment
• Common ownership
• Invalidity and cessation of money attachment
• Forms
• Time to pay
• The Debt Arrangement Scheme and insolvency
• Checklist
• 5. Inhibition in execution
• What is an inhibition
• Register of inhibitions
• Charge for payment
• Schedule of inhibition
• Inhibition on the dependence
• Discharge of inhibition
• Dealing with an inhibition
• Insolvency and the Debt Arrangement Scheme
• Checklist
• 6. On the dependence
• Diligence on the dependence of an action
• Service of summons following execution of diligence on the dependence
• Recall or restriction
• Expenses
• Prescription of an arrestment on the dependence
• Checklist
• 7. Adjudication for debt
• Registration
• Expiry of the legal
• 8. Summary diligence
• Registration in the Books of Council and Session
• Consent
• Diligence
• Dealing with a debt registered in the Books of Council and Session
• Checklist

In Scotland, ‘diligence’ is the name for the action a creditor can take to recover a debt after court action.