Judgment Enforcement
Our goal is to recover as much cash as possible for you.
Have a look at some of our pre-judgment remedies…the faster we move the quicker you’ll be paid!
Pre-Judgment Remedies…take Action
Arrestment prior to Judgment
The technical term for this is ‘Arrestment on the Dependence’. So even if you don’t have decree against the debtor the 3rd party will be prevented from making over the money they owe to your debtor. Very often the debtor simply authorises the 3rd party to make payment of the debt to you. If this doesn’t happen then once we do get decree the funds can be released after we’ve taken an action of furthcoming.
Inhibition Prior to Judgment
An ‘Inhibition on the Dependence’ prevents your debtor from selling what we call in Scotland their ‘heritable property’. This will include a house or commercial property if registered in the land register. Since it affects all of this type of property as opposed to a specific address it can be particularly effective.
Fees
Arrestment and Inhibition Prior to Judgment: £150 + disbursements
Do you think any of the above pre-judgment remedies would be well suited to your debtor’s situation? If so email us at info@debtscotland.com or call us on 0141 331 2332 and we’ll be happy to discuss this further with you.
Post- Judgment Remedies…converting your judgment into cash!
If your customer does not make payment following court action we may have to instruct Sheriff Officers to enforce the court's judgment. The generic term for enforcement in Scotland is known as diligence. At all times we try to match the most effective enforcement for your debt – and we’ll always be there offering you the best advise.
Charge
This is the first stage of the enforcement process. Once decree (judgment) is granted, Sheriff Officers visit the debtor, leaving a formal demand for payment for the sum due with interest and expenses within fourteen days. If no satisfactory proposals are made further enforcement can proceed.
The Commercial Debtor: Attachment Order
The Sheriff Officers visit the debtor again. In the case of a commercial debtor where goods are stored outwith a house the goods are valued. This valuation is reported to court and on giving seven days notice to the debtor the goods can be removed for auction and sale.
The Consumer Debtor: Exceptional Attachment Order
Where the debtor has goods stored in his house, application can be made for the removal of his/her goods to the value of the outstanding debt for auction and sale. The court requires evidence that other enforcement procedures have failed to settle the debt. Exceptional Attachment Order Explained.
Arrestment in Execution
This process prevents a third party from making over the money they owe to your Debtor. An arrestment can be placed on these funds to settle your outstanding debt.
Bank Arrestment: if the debtor’s bank account details are known then an arrestment may be placed on the account to secure funds to satisfy the outstanding debt.
Earnings Arrestment: An arrestment may be placed in the hands of the debtor’s employer, meaning that a regular amount may be deducted from the debtor’s salary to satisfy the debt.
Inhibition in Execution
There is no need for you to have carried out the charge. What we do for you is to make application to the Court of Session. The Inhibition is effective when registered in the Registered of Inhibitions & Adjudications. The actual Inhibition is served on the Debtor by Sheriff Officers. The Inhibition is effective for five years and can be renewed.
Fees
Our charge is £10 for any of the following: Charge, Bank Arrestment, Earnings Arrestment, Arrestment in Execution, Attachment Order and Exceptional Attachment Order, plus vat and outlays once Decree/Judgment is obtained.
Inhibition in Execution: £150 + disbursements.
Sheriff Officers Fees
These are due by the Defender. Should, however, the Debtor not settle these then you will be liable to reimburse the Sheriff Officers fees.
Do you think any of the above post-judgment remedies would be well suited to your debtor’s situation? If so email us at info@debtscotland.com or call us on 0141 331 2332 and we’ll be happy to discuss this further with you.
