Legal options to recover a debt in Scotland



If you are owed money by someone in Scotland there are a number of legal options open to you to pursue the debt through the Scottish courts, including making the debtor bankrupt. These legal options are often called diligences.

1. Earnings Arrestment

An Earnings Arrestment is a court order to the debtor's employer to deduct a percentage of his or her wage every pay day and pay the money deducted directly to you, the creditor.

How much you receive is determined by law and will depend on how much the debtor is paid and how often.

2. Bank Arrestment

A Bank Arrestment is a court order that prevents a debtor accessing money in his or her bank, building society and credit union accounts. As a creditor you can apply to the courts for money to be transferred directly to you to pay the outstanding debt.

3. Attachment

An Attachment prevents the debtor from selling possessions and can lead to a Messenger-at-Arms or Sheriff Officer taking the items to sell at auction to recover the money owed to you.

Only in exceptional circumstances will an Attachment be granted on items kept in a debtor's home or items required for a profession or trade. An Attachment normally only applies to items kept outside of the debtor's home - for example on a driveway or premises used for buiness.

4. Inhibition

Inhibition allows you to stop your debtor selling, transferring or re-mortgaging their house or land unless they pay the outstanding debt.

4. Bankruptcy / Sequestration

You can petition a court to have the person who owes you money sequestrated or made bankrupt. If a sequestration order is granted, a trustee will be appointed to sell the debtor's asets and use the money to pay off as much as possible of outstanding debts.

How to make someone bankrupt in Scotland

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