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Past Papers > MARCH 21 PAPER 1 > Flashcards

MARCH 21 PAPER 1 Flashcards

1
Q

Where a debtor has defaulted in a time to pay direction when does the decree become enforceable in relation to monthly instalments?

A

When the aggregate sum of 3 payments falls due

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2
Q

Where a debtor has defaulted in a time to pay direction when does the decree become enforceable in relation to a deferred lump sum?

A

24 hours

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3
Q

In which primary legislation would you find provisions for interim attachment?

A

Debt arrangement and attachment (Scotland) Act 2002

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4
Q

In which primary legislation would you find provisions for recovery of council tax?

A

Local Government Finance Act 1992

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5
Q

In which primary legislation would you find provisions for winding up a limited company?

A

Insolvency act 1986

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6
Q

What is the current fee for reporting an attachment to court?

A

£10.11

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7
Q

In which legislation would you find the Schedule for a Charge for Removing?

A

The Removing from Heritable Property (Form of Charge) (Scotland) Regulations 2011

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8
Q

What is the wording on a Sheriff Court Decree which permits enforcement?

A

THIS EXTRACT IS WARRANT FOR ALL LAWFUL EXECUTION HEREON

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9
Q

On completion of an Ejection at a dwelling house, what must an officer do?

A

Tape a copy of the execution to the door (in an envelope) and intimate to the pursuer

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10
Q

When must a DAIP be delivered on a debtor in respect of an earnings arrestment?

A

Within 12 weeks prior to executing the earnings arrestment

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11
Q

When must a DAIP be delivered on a debtor in respect of an inhibition in execution?

A

At the time of service

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12
Q

Where would you locate the schedule for a money attachment?

A

Act of Sederunt (Money Attachment Rules) 2009

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13
Q

What is the difference between a decree of absolvitor and a decree of dismissal?

A

A decree of dismissal dismissed and action and a decree of absolvitor dismissed the action and the same cannot be pursued again

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14
Q

Where specifically would you locate the table of deductions in respect of an earnings arrestment?

A

The Diligence Against Earnings (Variation) (Scotland) At 2023

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15
Q

What is the form used for the certificate of service upon the chief constable of police Scotland in respect of a domestic abuse interdict and where would you locate the form?

A

DA4

Act of Sederunt (Ordinary Cause Rules) 1993

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16
Q

Once apparent insolvency has been constituted, within what time period must a qualified creditor petition for sequestration of an individual and to which court must it be lodged?

A

Within 4 months of the apparent insolvency being constituted

Lodged to the court where the individual is domiciled

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17
Q

What additional fee may be levied by a Sheriff Officer where service is executed at 8.15am on a Wednesday?

A

+75% of the fee for service

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18
Q

What additional fee may be levied by a Sheriff Officer where service is in a remote rural location?

A

+30% of the fee for service

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19
Q

What additional fee may be levied by a Sheriff Officer in the service of an action where the principal sum is over £100,000?

A

+0.01% of the value of the action

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20
Q

With the exception of any articles exempt from attachment, name 3 categories of article exempt from interim attachment

A

Perishables
Mobile home that is the primary residence of someone other than the debtor
Articles to be sold by the debtor e.g. stock

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21
Q

In respect of an ordinary cause action, by what method is an application for inhibition on the dependence made and what form accompanies the application?

A

Motion
G4A

22
Q

When proceeding with an attachment in pursuance of an ordinary cause decree, is it competent to proceed to attach a mobile home which is found to be owned by the debtor, but occupied by a tenant?

A

Yes

23
Q

Name 4 types of action which can be raised in summary cause

A

Action for payment
Action for delivery
Action ad factum praestandum
Furthcoming

24
Q

How long is a Sheriff Officers ID valid for?

A

10 years

25
Q

What is the form number for a Child Protection Order and in which rules is it located?

A

49

Act of Sederunt (Child Care and Maintenance Rules) 1997

26
Q

List 4 grounds of jurisdiction

A

Domicile
Consumer contract
Employment
Prorogation

27
Q

List 6 types of action that can be raised as ordinary cause

A

Action for payment
Family action
Admirality action
Action ad factum praestandum
Count reckoning and payment
Multiplepoinding

28
Q

What form would you use in an ordinary cause for a certificate of intimation of a minute and within what period must it be lodged in court?

A

G8
5 days

29
Q

What diligence can still be executed while a time to pay direction is in effect?

A

Inhibition

30
Q

What is the current judicial rate of interest?

A

8%

31
Q

What is the prescriptive period of an arrestment in execution?

A

3 years

32
Q

How long does a charge for payment last for?

A

2 years

33
Q

What are the days of a charge where the debtors whereabouts are not known?

A

28 days

34
Q

Give 2 examples of when a charge for payment can be served by post

A

Service on the islands
No resident sheriff officer

35
Q

Is the fee for a previously executed arrestment recoverable from a subsequent earnings arrestment?

A

No

36
Q

Explain the purpose of an Ordinary Cause G13

A

Witness citation

37
Q

Explain the purpose of an Ordinary Cause F26

A

Notice of Intention to defend (family action)

38
Q

Explain the purpose of an Ordinary Cause F9

A

Intimation to a child (family action)

39
Q

Explain the purpose of a Simple Procedure 6A

A

Notice of claim

40
Q

What must be returned to the court upon service of a Simple Procedure form 3A and by when?

A

Confirmation of service (6C) within 7 days of service

41
Q

By what method is an application for a commission as a Sheriff Officer made, in which legislation would you locate the form used and to whom is such an application made?

A

Summary application
Act of Sederunt (Messenger-at-Arms and Sheriff Officer Rules) 1991
The sheriff principal for the sheriffdom

42
Q

What is an Ordinary Cause form G4B?

A

Arrestment on the dependence

43
Q

What is an Ordinary Cause form 49.11-D

A

Arrestment of a ship on the dependence

44
Q

What is an Ordinary Cause form PI1?

A

Personal Injury initial writ

45
Q

When may the Sheriff Clerk formally serve by post a Simple Procedure Claim form?

A

If the claimant is not a company and has no legal representation

46
Q

What is the period of notice to report a money attachment?

A

14 days

47
Q

What is the prescriptive period of a decree for payment what is the authority?

A

20 years

Prescriptions and Limitations (Scotland) Act 1973

48
Q

List 6 items exempt from attachment

A

Money
Articled kept within dwelling house
Vehicle reasonably required by the debtor <£3K
Motorhome that is the debtors primary residence
Articles required for upkeep of garden/land
Tools of trade reasonably required <£3K

49
Q

What is the duration of an attachment of articles kept outwith the dwelling house? How can this be extended? Include authority

A

Debt Arrangement and Attachment (Scotland) Act 2002

6 months

Application in form 12 which is intimated to the debtor

50
Q

What has recently replaced the requirement for intimation on walls of court?

A

Coronavirus (Recovery and Reform) (Scotland) Act 2022

Allowing for service on SCTS website

51
Q

Stating authority what is the current monetary limit for the raising of a petition for sequestration?

A

£5,000

Coronavirus (Recovery and Reform) (Scotland) Act 2022

Past Papers (8 decks)

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