Charge For Payment Flashcards

1
Q

What wording must be contained within a decree

A

This extract is warrant for all lawful execution hereon

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2
Q

What is the judicial rate of interest

A

8% per year

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3
Q

What rules refer to charge for payment?

A

Act of Sederunt (Ordinary Cause Rules) 1993
Act of Sederunt (Summary Cause Rules) 2002
Act of Sederunt (Form of Charge for Payment) 1998
Debtors (Scotland) Act 1987
Act of Sederunt (Simple Procedure Rules) 2016

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4
Q

What diligence is available after serving a charge with the period of notice expiring?

A

Attachment
Earnings arrestment
Money attachment
Exceptional attachment

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5
Q

What is the period of notice on a charge for payment?

A

14 days within uk
28 days if outside uk or whereabouts unknown

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6
Q

When does a charge expire?

A

2 years after service

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7
Q

How is service executed when whereabouts unknown?

A

Served on sheriff clerk of court who has jurisdiction
Displayed on walls of court

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8
Q

When does the period of notice begin with walls of court service?

A

From the day it is displayed.

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9
Q

Which act governs charge for payment

A

Act of Sederunt ( Form of Charge for Payment) 1998

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10
Q

How is service done when whereabouts unknown under simple procedure

A

S.o serves on sheriff clerk who publicises charge on Scottish Courts and Tribunals website for 4 weeks

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