The warrant the arrestment was executed on was invalid
This is rarely used as warrants are rarely invalid. However, if creditors have not served the client with a charge for payment (under the summary warrant process) or have served the charge for payment but not waited until it expires before actioning the arrestment, it can be argued that they had no valid warrant for arrestment and the action taken was invalid.
Under the summary diligence procedure, if there has been an error by the creditor in extracting the warrant from the Books of Council and Session (eg, the client had not defaulted on their agreement), it may be possible to argue that it was invalid, and a sheriff may lift the arrestment.
While a moratorium on diligence
1ss195-198 B(S)A 2016 is in place, it is not valid to serve a bank arrestment on a client’s bank. If this does happen and the schedule was dated after the date the statutory moratorium was granted, you can object, citing section 197(3)(b) of the Bankruptcy (Scotland) Act 2016.
197(3) While a moratorium on diligence applies in relation to the person it is not competent–
(a) to serve a charge for payment in respect of any debt owed by the person, or
(b) to commence or execute any diligence to enforce payment of any debt owed by the person,
(c) to found on any debt owed by the person in presenting, or concurring in the presentation of, a petition for sequestration of the person’s estate, or
(d) where an arrestment mentioned in subsection (1) of section 73J of the Debtors (Scotland) Act 1987 has been granted in respect of funds due to the person, to release funds to the creditor under subsection (2) of that section.