Provisional orders
Provisional orders protect or secure the claimant’s position before the sheriff makes a final decision in a case. Part 20 of the Simple Procedure Rules outlines how the claimant can apply for provisional orders.
There are three types of provisional orders a claimant can request.1Part 3.8 Simple Procedure Rules •Arrestment on the dependence under section 15A(1) of the Debtors (Scotland) Act 1987 – this is an order freezing the respondent’s goods or money held by a third party.
•Inhibition on the dependence under section 15A(1) of the Debtors (Scotland) Act 1987 – this is an order preventing the respondent from selling their home or other land, or taking out a secured loan.
•Interim attachment under section 9A(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 – this is an order preventing the respondent from selling or removing their goods.