Types of diligence (court enforcement)
In Scotland, there are a number of ways that people can be made to pay by the courts. The most common forms of enforcement (known as diligence) are:
Arrestment
This means that money or goods held by a third party are 'frozen'. The most common example is arrestment of funds in your bank account.
The third party (eg a bank) may agree to hand the property (funds) over. If they do not, a new court action called a furthcoming is needed. The third party may then be ordered to hand over the property (funds).
Approval of a DAS programme will cancel an arrestment, but will not cancel a decree of furthcoming.
Earnings arrestment
If you are working, the money you owe can be taken from your wages/salary directly from your employer by an earnings arrestment.
An ordinary arrestment is a 'once-only' freeze of property. But earnings arrestment doesn't freeze anything. Employers make regular payments until the sum due is paid.
There are three different types of earnings arrestment: earnings arrestment, continuous maintenance arrestment, and conjoined arrestment. They all follow the same basic system.
Approval of a DAS programme will cancel an earnings arrestment.
Attachment
Attachment freezes goods held by the person in debt eg a car. Anything that has been 'attached' can be sold at auction. The money raised is then handed over to the person who is owed the money.
Attachment replaces the old system of poinding ('pinding'). The main difference between attachment and poinding is that the courts have to give permission first before a person can enter a house to 'attach' goods.
Approval of a DAS programme will cancel an attachment unless notice of an auction has been given, or the attached property is about to be, or has been, removed for auction.
Other forms of diligence
There are other less common ways to enforce court orders. They include adjudication and admiralty arrestment. DAS will stop these forms of diligence, as they are specialised and technical.
In such case, legal advice should be taken. Click here to find a solicitor (opens in a new window).
