Diligence against earnings in Scottish civil litigation
Produced in partnership with Lynsay Cargill of MacRoberts LLP
Diligence against earnings in Scottish civil litigation

The following Dispute Resolution guidance note Produced in partnership with Lynsay Cargill of MacRoberts LLP provides comprehensive and up to date legal information covering:

  • Diligence against earnings in Scottish civil litigation
  • Diligence against earnings—nature and purpose
  • Earnings arrestment
  • Challenging an earnings arrestment
  • Current maintenance arrestment
  • Challenging a current maintenance arrestment
  • Conjoined arrestment order
  • Duty to provide information
  • Deduction from earnings order

This Practice Note considers the position in Scotland. For guidance on:

  1. the equivalent in England and Wales, see: Introduction to enforcement—overview which, as well as giving an overview of this topic, links through to more detailed guidance on various aspects of domestic enforcement in England and Wales

  2. cross-border enforcement, see: Cross border enforcement—overview which, as well as giving an overview of this topic, links through to more detailed guidance on various aspects of cross-border enforcement

  3. other key areas of Scottish law and procedure, see our Scotland toolkit

Key:

  1. CSA 1991—Child Support Act 1991

  2. D(S)A 1987—Debtors (Scotland) Act 1987

Diligence against earnings—nature and purpose

The D(S)A 1987 introduced a statutory scheme (laid out in D(S)A 1987, ss 46–73) which enables a creditor to deduct money from a debtor’s earnings.

D(S)A 1987, s 46 created three forms of diligence against earnings:

  1. an earnings arrestment—see further below

  2. a current maintenance arrestment—see further below, and

  3. a conjoined arrestment order—see further below

In addition to these three forms of diligence, a deduction from earnings order can be made under CSA 1991, s 31—as to which, see further below.

These forms of diligence apply to debtors who are individuals, who have an employer and who are in receipt of earnings. D(S)A 1987, s 73 provides definitions and exclusions to determine whether a debtor has an ‘employer’ and whether they are