This document provides information about debt enforcement in Scotland. It discusses the roles and qualifications of sheriff officers and messenger-at-arms who carry out enforcement. Various enforcement options available in Scotland are outlined, including charge for payment, earnings arrestment, arrestment in execution, attachment, inhibition, and money attachment. The document also provides examples of the fees charged for different enforcement actions.
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CCR-i:
Scottish Enforcement
Presented by:
William Cameron
Regional Manager – Enforcement Services
6th October 2015
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Nature of office
+ Training and Qualification
+ Dual role – Sheriff Officer / Messenger-at-Arms
+ Regulations and conduct
+ Professional association
+ Compulsory CPD
+ Deprivation of office
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Enforcement in
Scotland
Types of action Judgement
(Decree) - 1
Court of Session (now over £100K only)
Sheriff Court - classes of action:
+ up to £3,000 - Small Claims
+ £3000- £5,000 - Summary Cause
+ Over £5,000 - Ordinary Cause
Summary Warrant Procedure:
+ H M Revenue and Customs;
+ Local Government - Council Tax and Non Domestic Rates
only
Other:
+ Any document of debt containing a clause for registration
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Enforcement in
Scotland
Types of action Judgement
(Decree) – 2
Non-Scottish judgements (other parts of UK)
+ Registered in the Books of Council and Session (Court of
Session)
+ Any monetary amount
+ Like force and effect of Scottish Decree
+ Cannot be registered in the Sheriff Court
+ Enforceable by Messenger-at-Arms only
Non Court Warrants for Execution
+ Employment Tribunal Award
+ Parking
+ Housing Benefit
+ Civil Penalties
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Enforcement options:
Scotland
“and the Sheriff (or Lords) grants warrant for
all lawful execution hereon”
Charge for Payment:
+ Prerequisite to any further action*
+ Equivalent to compliance under TCE
+ Visit to property by Officer
+ 14 day period must expire prior to further action
+ Provision of Debt Advice and Information Package
* (Not required prior to Arrestment in Execution on Inhibtion)
Earning Arrestment:
+ Sent to employer by officer
+ Equivalent to attachment of earnings order
+ Most popular enforcement option in Scotland for individual
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Enforcement options:
Scotland
Arrestment in execution
+ Served by Officer directly on third party
+ Equivalent to Third Party Debt order
+ Statutory automatic release period (funds only)
+ Only freezes funds/assets on date/time of service
Attachment
+ Seizure of goods in debtor’s possession
+ Equivalent to writ of control
+ Only competent outwith dwelling house (vehicles,
commercial premises)
+ Concluded by public auction (at premises or auction room
only)
Exceptional attachment order
+ Special application to Sheriff
+ Authorises attachment of assets within dwelling
+ Attached and removal at same time
+ Concluded by public auction at auction room
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Enforcement options:
Scotland
Money Attachment
+ Allows seizure of cash and cheques (inc foreign currency)
+ Commercial premises only
+ Sheriff authorises payment order
+ Payment to creditor (less enforcement fees!)
Inhibition
+ Document served by Officer on debtor
+ Equivalent to charging order
+ Prevents disposal of owned heritable property in Scotland
+ Registered at ROS (Scottish Land Register)
+ Preventative Diligence only but lasts for 5 years
A lot more tools at our disposal!
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Enforcement fees:
Scotland
+ All fully recoverable from debtor*
+ Decree provides mandate to collect but Officer does not
act as collection agent
+ No administration or commission fees chargeable to
debtor (exception to rule – local authority procurement
contracts)
+ Instructions provided to execute enforcement at different
intervals by creditor or creditor’s agent (Solicitor)
(*fee for abortive attachments not recoverable)
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Enforcement Fee: Scotland
Examples of chargeable fees
Enforcement option Under £1500 Over £1500 Messenger-at-
Arms
Charge / Arrestment £50.05 £78.10 £99.85
Earnings Arrestment £36.27 £58.17 £64.57
Attachment/ Money
Attachment
(based on value of goods)
£681 or under
£681-£2,737
Then 10%, 5% after £3,028 for
vehicles, heavy plant
£106.00
£159.25
£106.00
£159.25
£106.00
£159.25
Inhibition £64.50 £99.85 £99.85
Auction Minimum £219.90 Minimum £247.95 Minimum £269.70
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Any questions?
