Interim Diligence

Question 1

Which acts relate to interim diligence?

Answer 1

Debtors (Scotland) Act 1987
Debt Arrangement and Attachment (Scotland) Act 2002
Act of Sederunt (Ordinary Cause Rules) 1991
The Diligence(Scotland) Regulations 2009
Bankruptcy and Diligence (Scotland) Act 2007

Question 2

When is an arrestment on the dependence available?

Answer 2

When the actions contains a conclusion for payment of a sum other than by way of expenses.

Question 3

Within in how many days does the summons have to be served on the debtor, when an arrestment or inhibition on the dependence has been executed?

Answer 3

21 days or it ceases to have effect

Question 4

Under oc rules, how is a warrant for arrestment or inhibition on the dependence made?

Answer 4

Made by motion

Question 5

What gives the s.o authority to execute interim diligence?

Answer 5

Copy of the interlocutor granting a motion.

Question 6

What is interim diligence?

Answer 6

Interim diligence is when prior to the granting of a decree, a party can apply to the court for interim diligence, which is known as diligence on the dependence.

Question 7

What must the application be accompanied by?

Answer 7

Statement in Form G4A

Question 8

In summary cause, how is interim diligence commenced?

Answer 8

By incidental application, and this is accompanied by a statement in Form 15a

Question 9

How is interim diligence commenced under simple procedure?

Answer 9

By completing a Provisional Orders applications in Form 20a

Question 10

Forms used for arrestment on the dependence under ordinary cause?

Answer 10

Schedule of arrestment in Form G4B
Certificate of arrestment in Form G4C

Question 11

Form used for arrestment on the dependence under summary cause?

Answer 11

Schedule in Form 15b
Certificate of arrestment in Form 15c

Question 12

Forms used for arrestment on the dependence under simple procedure?

Answer 12

Arrestment notice in Form 20D
If formally served, Confirmation of Formal service in Form 20E which must be returned to sheriff clerk within 1 week of service taking place.

Question 13

What must happen if schedule of arrestment not served personally?

Answer 13

Copy of arrestment sent by first class or recorded delivery to;
- last known address of defender
- to arrestees place of business if known.

Question 14

What is the maximum sum which may be attached by an arrestment on the dependence?

Answer 14

The principle sum
+
20% of that sum
+
1 years interest at 8%

Question 15

What act is an inhibition on the dependence located?

Answer 15

Diligence(Scotland) Regulations 2009

Question 16

How can u execute an inhibition on the dependence when the defenders address is unknown?

Answer 16

Left with or deposited at sheriff clerks office who has jurisdiction over subject address
+
S.o must send by first class post, a copy of inhibition to defenders last known address

Question 17

Which act governs interim attachment?
And when is it available?

Answer 17

Debt Arrangement and Attachment(Scotland) Act 2002

Action contains a conclusion for a sum of money other than expenses

Question 18

Form used for an interim attachment application under ordinary cause, summary cause and simple procedure?

Answer 18

Ordinary cause - Made by motion accompanied by a Form G4A

Summary cause - incidental application

Simple procedure - Form 20A

Question 19

What must the officer do after executing an interim attachment?

Answer 19

Complete a schedule in Form 2A and both the officer and witness must sign it.

Question 20

What form is used for the report of an interim attachment?

Answer 20

Form 2b

Question 21

What must be done if an interim attachment is executed prior to the service of the summons/initial writ/ claim form?

Answer 21

The summons/initial writ/ claim form must be served within 21 days or the interim attachment ceases to have effect.

Question 22

Articles that are exempt from an attachment, name 3

Answer 22

-Any article kept within a dwelling place
-A mobile home which is the only or principle residence of a person other than the debtor
-any perishable articles
-if debtor is engaged in a trade, any item acquired by them to be sold or as a material for manufacturing

Question 23

Other articles exempt from attachment

Answer 23

• tools, books or other equipment required by the debtor to carried out their trade which doesn’t exceed £1000
• vehicle which is reasonably required by the debtor which doesn’t exceed the value of £3,000
• mobile home
• tools or equipment used for maintenance of garden or yard
• any money

Question 24

How long is an interim attachment valid for?

Answer 24

6 months
Or
When the creditor obtains an interlocutor for payment of all or some of principle sum.

Question 25

In what circumstances can an attachment not be carried out?

Answer 25

Sunday/ public holiday / any other day prescribed by sheriff
Also can’t begin an interim attachment, before 8 or after 8pm or continue it after 8pm unless authority has been granted