Diligence is the name for the action a creditor can take to recover a debt. They cannot do it until one of the following happens.
- The sheriff’s court issues an open decree
- You have missed payments on a ‘time to pay direction’
- The sheriff’ court issues a summary warrant for a government debt such as council tax or income tax
First the creditor must issue a document called a ‘charge for payment’. They can then take any of the following measures
- Take payments from your wage using an earnings arrestment
- Take payments from your bank account using a bank arrestment
- Take goods from outside your home using an attachment of non-domestic property
- Take goods from inside your home using an exceptional attachment order
- Prevent you selling your selling your house using an inhibition order
Following a charge for payment, a creditor can also begin sequestration proceedings.
If you receive charge for payment, you can apply to the court for a ‘time to pay order’ to stop the diligence.
If you think diligence has started or you are applying for a time to pay order, please call us for further advice.
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