Debt Advice Handbook Scotland - 1st editionChapter 6: Statutory debt solutions in Scotland6. Creditor petitions for bankruptcy Application to the court and intimation to the client
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Application to the court and intimation to the client
The client receives a copy of the creditor’s application.
A sheriff officer may give notice on behalf of an intimating party by:
    •delivering the intimation personally to the receiving party (the client); or
    •leaving the intimation in the hands of:
      ◦a resident at the receiving party’s dwelling place (home); or
      ◦an employee, agent, or representative at the receiving party’s place of business.
Where a sheriff officer has been unsuccessful in intimation in accordance with the above, the sheriff officer may give intimation by:
    •depositing it in the receiving party’s dwelling place or place of business; or
    •leaving it at the receiving party’s dwelling place or place of business in such a way that it is likely to come to the attention of that party.
It may also be delivered to a solicitor acting on the client’s behalf.
Notification is by Form 5.7.
A client is served with:
    •a citation in Form 6.3–A; and
    •a copy of the petition for sequestration in Form 6.1.A; and
    •a copy of the form of certificate of citation in Form 6.3B.
They must also complete Form 6.2, which is a statement that the creditor has checked both the Register of Insolvencies (for a statutory moratorium) and the DAS Register (for a DPP).
All creditor bankruptcy forms can be found on the Scottish courts website.1scotcourts.gov.uk/rules-and-practice/forms/sheriff-court-forms/bankruptcy-forms---2016-rules; Sch 1 AoS(SCB) Rules
 
1     scotcourts.gov.uk/rules-and-practice/forms/sheriff-court-forms/bankruptcy-forms---2016-rules; Sch 1 AoS(SCB) Rules »
Warrant-to-cite
When the court receives the paperwork, it issues the client with a ‘warrant-to-cite’.1s22 B(S)A 2016 This states the date when the client must appear in court to justify why sequestration should not be awarded.
If the client does not give good reasons, or fails to appear, the sequestration is automatically awarded.
When a creditor applies for a client’s bankruptcy, the date of sequestration is the date on the warrant-to-cite.
 
1     s22 B(S)A 2016 »