7. Adjudication for debt
Adjudication for debt is a long established but rarely used diligence against property. It is exclusively a Court of Session process.
Adjudication for debt gives creditors a right or security over specific heritable (and some other) property owned by the client. It can be used alone or as a follow-on process from inhibition.
Adjudication for debt was scheduled to be replaced by land attachments in the Bankruptcy and Diligence etc. (Scotland) Act 2007, but, at the time of writing, this has not been completed and adjudication for debt still stands.1Part 4 BD(S)A 2007 The client has 10 years from the date of the decree for adjudication to repay the debt before the creditor can take action to transfer the ownership of the property to the creditor.
Before applying for adjudication, the creditor must have a decree for payment or a similar document of debt against the client.
Get expert advice if you come across this form of diligence.