Chapter 9: Diligence1. Attachment and exceptional attachmentAttachmentWhen attachment is usedHow the attachment is carried outGoods exempt from attachmentUnlawful acts after attachmentHow long an attachment lastsRedemption of attached goodsChallenging an attachmentExceptional attachmentExceptional attachment orderExceptional circumstancesSheriff officer’s power of entryUnlawful acts before attachmentValuationGoods exempt from an exceptional attachment orderRedemptionGoods of sentimental valueChallenging an exceptional attachmentForms for exceptional attachments and attachments2. Earnings arrestmentCurrent maintenance arrestmentConjoined arrestment ordersHow does it workEarnings arrestment scheduleEmployer’s duty to provide informationCreditor’s duty to provide informationClient’s duty to provide informationApplications for orders that an earnings arrestment is invalidWhen does an earnings arrestment end3. Bank arrestmentWhat is a bank arrestmentWhen can an account be arrestedArrestments in execution (following decree)Summary warrantSummary diligenceArrestment on the dependenceThe banks’ roleProtected minimum balanceStopping a bank arrestmentNegotiating with a sheriff officerRaising a notice of objection in the sheriff courtThe warrant the arrestment was executed on was invalidThe arrestment has been executed incompetently or irregularlyBank arrestment stoppersTime to pay orderStatutory debt solutions4. Money attachmentWhat is a money attachmentWhat can be attachedWhen is a money attachment competentSchedule and reportRelease of a money attachmentUnduly harshInvalidity and cessation of attachmentCommon ownershipInvalidity and cessation of money attachmentFormsTime to payThe Debt Arrangement Scheme and insolvencyChecklist5. Inhibition in executionWhat is an inhibitionRegister of InhibitionsCharge for paymentSchedule of inhibitionInhibition on the dependenceDischarge of inhibitionDealing with an inhibitionInsolvency and the Debt Arrangement SchemeChecklist6. On the dependenceDiligence on the dependence of an actionService of summons following execution of diligence on the dependenceRecall or restrictionExpensesPrescription of an arrestment on the dependenceChecklist7. Adjudication for debtRegistrationExpiry of the legal8. Summary diligenceRegistration in the Books of Council and SessionConsentDiligenceDealing with a debt registered in the Books of Council and SessionChecklistIn Scotland, ‘diligence’ is the name for the action a creditor can take to recover a debt after court action.Note: the Bankruptcy and Diligence (Scotland) Act 2024 will make changes to some rules. We’ll update this online Handbook when they do.