Interim Diligence Flashcards
Which acts relate to interim diligence?
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
When is an arrestment on the dependence available?
When the actions contains a conclusion for payment of a sum other than by way of expenses.
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?
21 days or it ceases to have effect
Under oc rules, how is a warrant for arrestment or inhibition on the dependence made?
Made by motion
What gives the s.o authority to execute interim diligence?
Copy of the interlocutor granting a motion.
What is interim diligence?
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.
What must the application be accompanied by?
Statement in Form G4A
In summary cause, how is interim diligence commenced?
By incidental application, and this is accompanied by a statement in Form 15a
How is interim diligence commenced under simple procedure?
By completing a Provisional Orders applications in Form 20a
Forms used for arrestment on the dependence under ordinary cause?
Schedule of arrestment in Form G4B
Certificate of arrestment in Form G4C
Form used for arrestment on the dependence under summary cause?
Schedule in Form 15b
Certificate of arrestment in Form 15c
Forms used for arrestment on the dependence under simple procedure?
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.
What must happen if schedule of arrestment not served personally?
Copy of arrestment sent by first class or recorded delivery to;
- last known address of defender
- to arrestees place of business if known.
What is the maximum sum which may be attached by an arrestment on the dependence?
The principle sum
+
20% of that sum
+
1 years interest at 8%
What act is an inhibition on the dependence located?
Diligence(Scotland) Regulations 2009
How can u execute an inhibition on the dependence when the defenders address is unknown?
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
Which act governs interim attachment?
And when is it available?
Debt Arrangement and Attachment(Scotland) Act 2002
Action contains a conclusion for a sum of money other than expenses
Form used for an interim attachment application under ordinary cause, summary cause and simple procedure?
Ordinary cause - Made by motion accompanied by a Form G4A
Summary cause - incidental application
Simple procedure - Form 20A
What must the officer do after executing an interim attachment?
Complete a schedule in Form 2A and both the officer and witness must sign it.
What form is used for the report of an interim attachment?
Form 2b
What must be done if an interim attachment is executed prior to the service of the summons/initial writ/ claim form?
The summons/initial writ/ claim form must be served within 21 days or the interim attachment ceases to have effect.
Articles that are exempt from an attachment, name 3
-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
Other articles exempt from attachment
- 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
How long is an interim attachment valid for?
6 months
Or
When the creditor obtains an interlocutor for payment of all or some of principle sum.
