Enforcement

Overview

 

Methods of diligence or enforcement in all legal jurisdictions are similar. A court order for payment of a sum of money is enforced by striking at the assets of the debtor. This is usually in the form of preventing the sale or remortgage of heritable property, arresting bank accounts, attaching the goods of the debtor or arresting his earnings or sums owed in lieu.

Enforcement must be preceded by service of a Charge for Payment which is a 14 day demand for payment under a Decree. If this expires without payment, the debtor is liable to enforcement.

[In certain circumstances diligence (enforcement) can be put in place at the outset of the court action rather than once Decree is obtained. We require to discuss this with you on a case by case basis]