Registration in the Books of Council and Session
In Scotland, it is normal procedure for a creditor to take a client to court, obtain a decree or similar and serve a charge for payment before commencing diligence. In some situations, this is not always necessary if a creditor has followed certain procedures and the client has specifically agreed to it.
The law in Scotland allows for a debt to be recorded on a personal bond, deed or similar document of debt and registered in the ‘Books of Council and Session’ in the Court of Session (or the sheriff court, but usually the Court of Session) and the extract of the document will contain a warrant to execute diligence in the event of non-payment.1s3 Writs Execution (Scotland) Act 1877 By registering a deed at the Court of Session, it then has the force of a decree of the court and can be used for enforcing a debt. It cannot be used for consumer debt but can be used by credit unions, for lease agreements and for loans not regulated by the Consumer Credit Act 1974.