SEPT 22 PAPER 1

Question 1

What is the current level of protected minimum balance and where specifically would you locate this figure?

Answer 1

£1000
Coronavirus (Recovery and Reform) (Scotland) Act 2022

Question 2

Can you execute an attachment of assets located on a debtors rooftop garden?

Answer 2

No

Question 3

Can you execute an exceptional attachment order, after having given a weeks notice of your arrival to execute, only the debtors 14 year old daughter is present

Answer 3

Yes

Question 4

Can you execute a money attachment where the money is located in a private residential flat above a takeaway?

Answer 4

No

Question 5

Can you execute an ejection on Christmas Eve?

Answer 5

Yes

Question 6

When serving a charge for payment on summary warrant by leaving with a resident at the debtors dwelling place, what is the minimum age the person accepting service must be and in terms of which act?

Answer 6

16
Age of legal capacity (Scotland) Act 1991

Question 7

What would you have served if the certificate of service you prepare is in form DA2?

Answer 7

Domestic abuse interdict

Question 8

Other than a warrant of citation containing authority for diligence on the dependence, name 2 other warrants of citation that can only be signed by the sheriff?

Answer 8

Arrestment to found jurisdiction

Shortening/extending the period of notice

Question 9

In the table of fees what surcharge may be levied in serving an initial writ where the value of the action is over £100,000?

Answer 9

Additional 0.01% of the value of the action

Question 10

In the table of fees what surcharge may be levied in remote rural service?

Answer 10

Additional 30% of the fee for executing service

Question 11

What are the modes of service when citing the unnamed occupier of a shop unit in an ordinary cause action?

Answer 11

Depositing

Affixing

Question 12

In what circumstances would a form G10 be served and what must be served along with it?

Answer 12

When a solicitor ceases to act for a party

A copy of the interlocutor detailing the hearing date

Question 13

What are the days of charge when serving a charge for payment where the defender resides in Dublin?

Answer 13

28 days

Question 14

What are the days of charge when serving a charge for removing where the defenders whereabouts are unknown?

Answer 14

14 days

Question 15

Give four examples of when a time to pay direction is not competent

Answer 15

Action is seeking more than £25,000

Defender is a Ltd company

When in relation to HMRC actions

When I’m relation to rates/council tax

Question 16

Give four examples of a person who cannot hold a position of sheriff officer

Answer 16

Housing factor

Auctioneer

Member of the law society of Scotland

Police officer

Question 17

Within what period can a debtor redeem articles after the execution of an attachment located outwith a dwelling place and what procedure must follow?

Answer 17

14 days

Release of attached articles, issuing a receipt and informing the court and pursuer

Question 18

What is the period of notice for opposing a minute?

Answer 18

14 days

Question 19

What is the period of notice for opposing a motion?

Answer 19

7 days

Question 20

What is the form for opposing a minute/motion?

Answer 20

G9

Question 21

How many days following the issuing of a warrant for a third party notice, in an ordinary cause action, must the notice be served?

Answer 21

14 days

Question 22

When would a creditor apply for a conjoined arrestment order and where would you find the form used?

Answer 22

When there are 2 types of the same arrestment in place

Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988

Question 23

What is the society of messenger at arms and sheriff officers motto and what does it mean?

Answer 23

Obtember

To obey

Question 24

When executing a ship arrestment where would you attach the arrestment schedule and what else must be done other an the delivery of copies?

Answer 24

To the main mast

Chalk kings initials

Question 25

Can an inhibition be executed in pursuance of a summary warrant?

Answer 25

No

Question 26

What is the definition of a decree of absolvitor?

Answer 26

The court has found a party to not be liable and they can’t be pursued for the same matter again

Question 27

In respect of a statutory demand for payment for service on an individual, how is it served what is the form number and in what legislation is it located?

Answer 27

Personally Form 5 Bankruptcy (Scotland) Regulations 2016

Question 28

A client has asked you to carry out the arrestment of a ship on the dependence of an action on a Sunday, is this permitted and what is your authority?

Answer 28

Yes Act of Sederunt (Ordinary Cause Rules) 1993

Question 29

You have been asked to serve a charge for payment on an individual residing in Scotland. The value of the debt in the decision form is £1500. What rule of service would apply and what methods are available?

Answer 29

Act of Sederunt (Simple Procedure Rules) 2016 Personally Leaving with a resident @ dwelling place or an employee @ place of business Depositing @ residence or business Leaving it in a place it is likely to come to the debtors attention (affixing) Postal copy must be sent if depositing or affixing

Question 30

In relation to an ordinary cause action what is the form number and rule for a money attachment schedule?

Answer 30

Form 1 Act of Sederunt (Money Attachment Rules) 2009

Question 31

In relation to an ordinary cause action what is the form number and rule for a schedule of arrestment on the dependence?

Answer 31

G4B Act of Sederunt (Ordinary Cause Rules) 1993

Question 32

How many hours of CPD must an officer complete annually and how is this split?

Answer 32

12 hours 8 group study and 4 private study

Question 33

Your client wishes you to serve an initial writ on the walls of court. The defenders whereabouts are unknown. Can this be done by sheriff officer?

Answer 33

No

Question 34

What is the period of a charge for removing on the defender and which legislation governs this?

Answer 34

14 days Bankruptcy and Diligence etc (Scotland) Act 2007

Question 35

Under the simple procedure rules what are the terms for pursuer and defender?

Answer 35

Claimant and respondent

Question 36

You have been asked to serve an inhibition on an individual. In which statuary instrument would you find the form?

Answer 36

Diligence (Scotland) Regulations 2009

Question 37

What legislation enables a sheriff officer to proceed upon a warrant of citation which has no wet signature and has the printed name of the issuing courts officer?

Answer 37

Act of Sederunt (Electronic Authentication) 2016

Question 38

Who is the current lord president of the court of session?

Answer 38

Lord Carloway, Colin Sutherland

Question 39

What is the period of notice on a petition for sequestration?

Answer 39

Not less than 6 days and not more than 14 days before the hearing date

Question 40

What is the period of notice on a petition to wind up a limited company?

Answer 40

8 days

Question 41

List two instances where civil imprisonment is still available

Answer 41

Wilfully not complying with a decree ad factum praestandum In connection with failing to comply with a liability order

Question 42

What commonly used diligence is not available when enforcing a liability order for child support?

Answer 42

Earnings arrestment

Question 43

Within what rules would you find the modes of service for citing a witness to a childrens panel hearing?

Answer 43

Act of Sederunt (child care and maintenance rules) 1997

Question 44

What is the prescriptive period of an arrestment in execution when automatic release is not applicable and from when does it run?

Answer 44

3 years Beginning date when the arrestment schedule was served

Question 45

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

Answer 45

Inhibition

Question 46

What is the current judicial rate of interest?

Answer 46

8%