MARCH 21 PAPER 1 Flashcards
Where a debtor has defaulted in a time to pay direction when does the decree become enforceable in relation to monthly instalments?
When the aggregate sum of 3 payments falls due
Where a debtor has defaulted in a time to pay direction when does the decree become enforceable in relation to a deferred lump sum?
24 hours
In which primary legislation would you find provisions for interim attachment?
Debt arrangement and attachment (Scotland) Act 2002
In which primary legislation would you find provisions for recovery of council tax?
Local Government Finance Act 1992
In which primary legislation would you find provisions for winding up a limited company?
Insolvency act 1986
What is the current fee for reporting an attachment to court?
£10.11
In which legislation would you find the Schedule for a Charge for Removing?
The Removing from Heritable Property (Form of Charge) (Scotland) Regulations 2011
What is the wording on a Sheriff Court Decree which permits enforcement?
THIS EXTRACT IS WARRANT FOR ALL LAWFUL EXECUTION HEREON
On completion of an Ejection at a dwelling house, what must an officer do?
Tape a copy of the execution to the door (in an envelope) and intimate to the pursuer
When must a DAIP be delivered on a debtor in respect of an earnings arrestment?
Within 12 weeks prior to executing the earnings arrestment
When must a DAIP be delivered on a debtor in respect of an inhibition in execution?
At the time of service
Where would you locate the schedule for a money attachment?
Act of Sederunt (Money Attachment Rules) 2009
What is the difference between a decree of absolvitor and a decree of dismissal?
A decree of dismissal dismissed and action and a decree of absolvitor dismissed the action and the same cannot be pursued again
Where specifically would you locate the table of deductions in respect of an earnings arrestment?
The Diligence Against Earnings (Variation) (Scotland) At 2023
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?
DA4
Act of Sederunt (Ordinary Cause Rules) 1993
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?
Within 4 months of the apparent insolvency being constituted
Lodged to the court where the individual is domiciled
What additional fee may be levied by a Sheriff Officer where service is executed at 8.15am on a Wednesday?
+75% of the fee for service
What additional fee may be levied by a Sheriff Officer where service is in a remote rural location?
+30% of the fee for service
What additional fee may be levied by a Sheriff Officer in the service of an action where the principal sum is over £100,000?
+0.01% of the value of the action
With the exception of any articles exempt from attachment, name 3 categories of article exempt from interim attachment
Perishables
Mobile home that is the primary residence of someone other than the debtor
Articles to be sold by the debtor e.g. stock
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?
Motion
G4A
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?
Yes
Name 4 types of action which can be raised in summary cause
Action for payment
Action for delivery
Action ad factum praestandum
Furthcoming
How long is a Sheriff Officers ID valid for?
10 years
