How does it work
Before a creditor can arrest earnings, they must take appropriate legal action. This can be by issuing a claim, summons or writ to obtain a decree (court order) or obtaining a summary warrant.
After a decree or summary warrant has been awarded, the creditor must then serve a charge for payment on the client and wait until the charge has expired which is normally after 14 days.
The creditor must give the client a Debt Advice and Information Package (DAIP)1 at least 12 weeks before arrestment takes place.2s47(3) D(S)A 1987 A creditor who has obtained the decree or summary warrant can instruct the sheriff officers to arrest the client’s earnings. This is done by serving an ’earnings arrestment schedule’ on the employer, who is obliged by law to make the deduction and send the money to the court, where it is noted and passed on to the creditor.3s38 Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988 No.2013