Application to the court and intimation to the client
The client receives a copy of the creditor’s application.
A sheriff officer may give notice on behalf of an intimating party by:
•delivering the intimation personally to the receiving party (the client); or
•leaving the intimation in the hands of:
◦a resident at the receiving party’s dwelling place (home); or
◦an employee, agent, or representative at the receiving party’s place of business.
Where a sheriff officer has been unsuccessful in intimation in accordance with the above, the sheriff officer may give intimation by:
•depositing it in the receiving party’s dwelling place or place of business; or
•leaving it at the receiving party’s dwelling place or place of business in such a way that it is likely to come to the attention of that party.
It may also be delivered to a solicitor acting on the client’s behalf.
Notification is by Form
A client is served with:
•a citation in Form 6.3–A; and
•a copy of the petition for sequestration in Form 6.1.A; and
•a copy of the form of certificate of citation in Form 6.3B.
They must also complete Form 6.2, which is a statement that the creditor has checked both the Register of Insolvencies (for a statutory moratorium) and the DAS Register (for a DPP).
All creditor bankruptcy forms can be found on the Scottish courts website.1 Sch 1 AoS(SCB) Rules