SCOTTISH EXECUTIVE

Arrestment

A form of diligence which attaches or freezes a debtor's moveable property which is in the hands of a third party. It prevents the third party from giving up possession of the property and the creditor may obtain it by raising an action of furthcoming.

Charge

Generally, an order to obey a decree of the court. In civil diligence, a charge is a necessary precursor to diligence. It is a formal request in writing served on the debtor which demands payment by him/her of sums due within a specified time and warns that specified diligence may be initiated if payment is not made.

Conjoined arrestment order

A form of diligence which enables more than one debt to be enforced against the earnings of a debtor.

Decree

A final judgement of the court in a civil action.

Decree and expenses

A final judgement of the court which includes an award of expenses.

Defender

The person against whom an action is raised.

Diligence

The legal process by which a debtor's lands, personal or moveable property are attached for the recovery of the debt

Dismissal

An order of the court bringing the proceedings in a claim to an end.

Earnings arrestment

A forms of diligence by which a debt is enforced against the earnings of a debtor.

Expenses

The costs of an action, including legal fees, outlays etc.

Extract decree

A formal certified copy of a decree, extracted from court records, which is used to enforce the decree.

Furthcoming (action of)

An action which is taken by a creditor who has arrested property against a third party (also known as the arrested) in order to obtain the arrested property.

Inhibition

A writ prohibiting a debtor from burdening or selling his/her heritable property without repaying the inhibiting creditor. A warrant to do so must be obtained from the Court of Session and the inhibition only becomes effective when it is registered in the Register of Inhibitions and Adjudications.

Initial writ

The document which initiates an ordinary action.

Messenger-at-arms

An officer of both the sheriff court and Court of Session whose principal functions are connected with doing diligence.

Poinding (pronounced 'pinding')

A form of diligence enabling the attachment of a debtor's moveable property by the creditor

Poinding schedule

A document which an officer of court requires to complete giving specified information about a poinding and which contains information to the debtor about his/her rights.

Proof

The court hearing in a summary or ordinary cause action at which evidence is led on the facts of the case and legal arguments stated, after which a decision is made by the sheriff

Pursuer

The person bringing a civil action in court.

Report of execution of poinding

A report giving information on the execution of a poinding which an officer of court is required to make to the sheriff.

Report of warrant sale

A report giving information on the execution of a warrant sale which an officer of court is required to make to the sheriff.

Section 18 notice

A notice served on a debtor by an officer of court indicating that he/she will return to the debtor's dwelling house in not less than 4 days' time to carry out the poinding and, if necessary, force entry. (The Debtors (Scotland) Act 1987, Section 18.)

Service

Sending or making available court documents by one party in a court action to other parties.

Sheriff

The judge who hears and decides cases in the sheriff court.

Sheriff clerk

The clerk of the sheriff court.

Sheriff officer

An officer of the sheriff court whose main functions concern the carrying out of diligence within the sheriffdom.

Sist

The suspension of a civil court case for an indefinite period or until the occurrence of a particular event, eg to enable the parties to settle a case or to enable a party to apply for legal aid.

Small claims

The civil court procedure used for actions involving disputes over payment, delivery or implementation of an obligation in which there is a financial claim of £750 or less.

Summary cause

A simplified civil procedure applicable to a fairly wide range of actions and where a financial sum is involved with a value of between £750 and £1500.

Summary warrant

A simplified court process which can be used to enforce certain types of monies levied by central or local government, eg income tax, VAT, vehicle excise duty, community charge and council tax.

Summons

The court document by which initiates small claims and summary cause actions in the sheriff court.

Time to pay direction

An order of the court which a debtor can apply for before the awarding of decree. If the order is granted the debtor can repay their debt by instalments or deferred lump sum.

Time to pay order

An order of the court similar to the time to pay direction except that it can only be applied for after the awarding of decree and the onset of diligence.

Warrant sale

A form of diligence by which a debtor's moveable property is sold to repay the debt. The warrant sale can only commence after poinding procedure has been carried out by an officer of court.