Interim Diligence Flashcards
What is diligence on the dependence?
Prior to a decree being granted the creditor has convinced the court the case has merit
Where an arrestment on the dependence in ordinary cause is served prior to the writ, within how many days must the writ be served?
21
How is an application for a warrant to inhibit on the dependence made in ordinary cause?
Motion
How is an application for a warrant to inhibit on the dependence made in summary cause?
Incidental application
What is the form for an arrestment on the dependence in ordinary cause cases?
G4B
What is the form for an arrestment on the dependence in summary cause cases?
15B
What is the form for an arrestment on the dependence in simple procedure cases?
20D
What is the maximum sum that can be attached in an arrestment on the dependence?
The principle sum
20% of the principle sum
1 years interest at the judicial rate (8%)
What act governs inhibitions on the dependence?
Diligence (Scotland) Regulations 2009
How is an inhibition on the dependence served if the defenders address is unknown?
The inhibition schedule is left with the sheriff clerk of the last district def was known to reside
What act makes provision for interim attachments?
The Debt Arrangement and Attachment (Scotland) Act 2002
Where can an interim attachment be executed?
Commercial premises only
What form is an interim attachment schedule?
2A
What form is a report of interim attachment?
2B
If an interim attachment is executed prior to the service of a summons/initial writ/claim form within how many days must one of these be served?
21 days
