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SERVICES

Diligence

Diligence is the Scots law term for the legal enforcement of civil obligations. Diligence is always executed either by a messenger-at-arms or by a sheriff officer (subject to the vanishingly small possibility of a non-officer being authorised under section 3 of the Execution of Diligence (Scotland) Act 1926), depending upon whether the warrant comes from either the Lords of Council and Session, or from a sheriff.

Diligence can be carried out before and after a Scottish court grants a decree. If done before decree, diligence on the dependence proceeds by virtue of a specific order of the court. If done after the court has granted decree, it can proceed immediately by virtue of an extract decree or, in the case of a sheriff court simple procedure decision, one month after the date on which the court sent the decision to the respondent, with the debt remaining unpaid. If the warrant for diligence is contained in that special type of decree, a summary warrant, granted for the recovery of unpaid tax, no diligence other than the service of a charge is authorised until that charge has been served and the days of charge (usually 14) have passed, without payment having been made.

The Sheriff Court (Scotland) Extracts Act 1892, section 4, provides that the warrant for execution which is added to extract decrees for payment of debt has the effect of authorising, immediately, arrestment (other than an arrestment of the debtor’s earnings in the hands of his employer), and inhibition against the debtor, and the charging of the debtor to pay to the creditor within the period specified in the charge the sum specified in the extract and any interest accrued on the sum. In the event of failure to make such payment within that period specified in the charge, authority is then given for the execution of an earnings arrestment, a money attachment and the attachment of articles belonging to the debtor and, if necessary for the purpose of executing the money attachment or attachment, the opening of shut and lockfast places, except dwelling houses.