E/Arr, CM Arr, Conj Arr

Question 1

What legislations governs earnings arrestments?

Answer 1

Debtors(Scotland) Act 1987

Act of Sederunt(Proceedings in the sheriff court under the Debtors(Scotland) Act 1987)1988

Question 2

When does an earnings arrestment come into force? And how long does it stay in effect?

Answer 2

The date it’s served on the employer and stays in effect until the sum recoverable is paid, the arrestment is recalled or debtor leaves employment.

Question 3

What can be used when 2 or more debts are due by the same debtor to the same creditor?

Answer 3

Earnings arrestment

Question 4

If a debtor owes to separate creditors what must be used?

Answer 4

Conjoined arrestment

Question 5

What are the sums recoverable by an earnings arrestment?

Answer 5

Principle sum
Any interest on that sum
Any expenses
Fee for executing E/Arr
Fee for executing charge

Question 6

What act governs the amount in which can be deducted?

Answer 6

Diligence against Earnings (Variation)(Scotland) Regulations 2021

Question 7

What form is used for an earnings arrestment and what act is it located in?

Answer 7

Form 30 & Act of Sederunt (Proceedings in the Sheriff Court under the Debtors(Scotland) Act 1987)1988

Question 8

What must be written or printed on the envelope of an earnings arrestment?

Answer 8

ARRESTMENT OF EARNINGS OF AN EMPLOYEE
This letter contains an earnings arrestment schedule/ current maintenance arrestment schedule/ conjoined arrestment order. If delivery cannot be made at the address shown it is to be returned immediately to (name and address).

Question 9

Following service of an earnings arrestment, what must be completed?

Answer 9

Certificate of execution in Form 60

Question 10

When does a current maintenance arrestment come into force?

Answer 10

DAIP must be served 12 weeks before schedule is served.
Creditor must intimate to the debtor a Form 37 and 4 weeks must lapse before an arrestment schedule is served.
At least 1 payment of maintenance must be due when arrestment schedule is served

Question 11

What form is used for a current maintenance arrestment?

Answer 11

Form 34 & certificate of service in Form 60

Question 12

When is a conjoined arrestment order applicable?

Answer 12

When an earnings arrestment or current maintenance arrestment is active & another creditor wishes to enforce an earnings arrestment or current maintenance arrestment, they would apply for a conjoined arrestment.

Question 13

Application for a conjoined arrestment order?

Answer 13

Form 43

Question 14

What must the sheriff do after an application for a conjoined arrestment order?

Answer 14

Intimate application to debtor and creditors already enforcing an arrestment together with a form of notice and response in form 44

Question 15

What if a creditor or debtor wishes to object to the application for a conjoined arrestment?

Answer 15

They shall complete and lodge with sheriff clerk the form of notice and response in Form 44 within 14 days of intimation.

Question 16

Conjoined arrestment order form?

Answer 16

Form 45

Question 17

When does a conjoined arrestment come into force?

Answer 17

7 days after it’s served

Question 18

What act governs the sums deductible under a conjoined arrestment order?

Answer 18

Diligence against Earnings(Variation)(Scotland) Regulations 2021

Question 19

What’s the difference between at earnings arrestment and a conjoined arrestment with regards to the funds?

Answer 19

Where the employer passes the funds directly to the creditor, the employer instead passes the funds to the sheriff clerk to then be divided and passed to multiple creditors.