The following Dispute Resolution practice 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 (UK regime)—overview, Cross border enforcement (EU regime)—overview and Cross border enforcement (International regimes)—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
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