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Debt Advice Handbook Scotland 1st ed - with new material

Earnings arrestment schedule
An earnings arrestment schedule is on Form 30. It states:1Art 38 Act of Sederunt Debtor’s (Scotland) Act 1987
    the name, designation and address of the creditor, the client, the employer and any person residing in the UK to whom payment under the arrestment is to be made; and
    the decree or other document constituting the debt and when, where and by whom it was granted or issued; and
    the date any charge for payment was served; and
    the debt outstanding and how it is calculated.
Attached to the earnings arrestment schedule is a copy of Schedule 2, which is a deduction from earnings calculation table.2Sch 2 D(S)A 1987 amended by the DaE(V)(S) Regs
The sheriff officer should take all reasonably practicable steps to serve a copy of the schedule on the client. Failure to do so does not, by itself, render the arrestment invalid.
The schedule should be served by registered or recorded delivery letter or, if such a letter cannot be delivered, by any other competent mode of service.
The employer should notify the client of the date and amount of the first deduction.
No arrestment can be taken if the client earns less than £655.83 a month. The amount can change when the Diligence Against Earnings (Variation) (Scotland) Regulations 2023 No.27 are updated.3DaE(V)(S) Regs
An example of a monthly wage arrestment
Client net pay is £1,500
£1,500 - £655.83 = £844.17 x 19% = £160.39.
The amount arrested is £160.39.
 
1     Art 38 Act of Sederunt Debtor’s (Scotland) Act 1987 »
2     Sch 2 D(S)A 1987 amended by the DaE(V)(S) Regs »
3     DaE(V)(S) Regs »