A debtor who is a natural person is entitled to receive a Debt Advice and Information Package when diligence proceedings are raised against him.
[21] a debtors makes a DAS application, it must be accompanied by a declaration from a money adviser that advice has been provided.
[23] However where consent by the creditor is not given, the DAS Administrator must approve the application where the proposed programme is "fair and reasonable".
[27] They allow a debtor to ask the court for a period of time to repay the debt sued for by instalments or lump sum payments.
[28] The court must take into account a number of factors, including the debtor's financial position, in making Time to Pay Directions.
[33] Attachment replaced the diligence of poinding after a sustained political campaign by the Scottish Socialist Party leader, Tommy Sheridan MSP.
[34] Prior to the commencement of attachment proceedings, a charge to pay must be served on debtors to call on them to make payment within a certain number of days.
[36] Following service of the charge to pay and DAIP, the creditor may instruct sheriff officers to attend a debtor's premises.
To obtain articles kept inside a debtor's home, the creditor must raise diligence proceedings in the sheriff court.
Schedule 2 of the Debt Arrangement and Attachment (Scotland) Act 2002 outlines what is classified as essential goods.
[54] Importantly, a person must be present in the home at the time of the officer's entry who is over 16 years old and has legal capacity to understand the consequences of the attachment procedure.
Money attachment can be raised where a debt has been recognised judicially by a court decree (order) or document and the debtor has been charged to pay.
[58] Prior to the commencement of attachment proceedings, a charge to pay must be served on debtors that calls on them to make payment within a certain number of days.
A DAIP, discussed above, must be served on a natural person debtor at least 12 weeks in advance of the execution of the money attachment.
[78] The rules of the diligence of arrestment originate in Scots common law but are largely now found in the Debtors (Scotland) Act 1987.
[80] Following the obtention of a court decree, the creditor may commence diligence provided that certain requirements are met to protect the debtor, see above.
[82] The document must be in a manner stipulated by the Scottish Ministers, currently found in Schedule 7 of the Diligence (Scotland) Regulations 2009.
The Form of Disclosure by Arrestee must be in a manner stipulated by the Scottish Ministers, currently found in Schedule 8 of the Diligence (Scotland) Regulations 2009.
[91] Diligence against earnings allows a creditor to recover debt via the debtor's wages paid by an employer.
There are three forms of diligence against earnings, namely:[92] The amount of instalments and proportion of a debtor's wages that an employer (the arrestee) must pay to the creditor is determined in legislation.
[93][90] Prior to the commencement of arrestment proceedings, a charge to pay must be served on the debtors and calls on them to make payment within a certain number of days.
[95] A DAIP, discussed above, must be served on a natural person debtor at least 12 weeks in advance of the execution of the earnings arrestment.
[97] The ship and cargo will be prevented from leaving a Scottish port until payment of the debt is received by the creditor.
[110] It was first introduced into Scots law under the Adjudications Act 1672, replacing an older form of diligence known as apprising or comprising.
Afterward, a creditor may raise an action of declarator of expiry of the legal in the Court of Session to obtain ownership of the property.
[118] In 2016, the Accountant-in-Bankruptcy indicated that it will commence work with stakeholders to investigate the possibility of bringing land attachment into force.
[120] However, after the passage of the Debtors (Scotland) Act 1880, it is no longer possible to carry out imprison a person for debt.
[125] This form of diligence allows a creditor to seize property where there is a reasonable belief the debtor is on the verge of insolvency.
Adjudication in Security should be abolished if section 127 of the Bankruptcy and Diligence (Scotland) Act 2007 is brought into force.
[132] Diligence on the dependence allows a pursuer in an action to secure a defender's property, pending the outcome of the litigation.