The following Dispute Resolution guidance note Produced in partnership with Lynsay Cargill of MacRoberts LLP provides comprehensive and up to date legal information covering:
This Practice Note considers the position in Scotland. For guidance on:
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
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
other key areas of Scottish law and procedure, see our Scotland toolkit
CSA 1991—Child Support Act 1991
D(S)A 1987—Debtors (Scotland) Act 1987
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:
an earnings arrestment—see further below
a current maintenance arrestment—see further below, and
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
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