Complete Clarity Solicitors


Overall drop in use of diligence

It looks like there has been a small drop in the use of diligence in Scotland over the past year, if the latest Scottish Diligence Statistics, recently published by Scotland’s Accountant in Bankruptcy, are anything to go by.

Diligence is the term for various processes of civil enforcement in Scottish law. A person or organisation can use diligence if someone who owes them money has failed to pay a sum due. The creditor must have a decree enforceable in Scotland, or a document of debt such as a Summary Warrant, before they can carry out diligence.

The key findings from the 2012-13 report show that:

  • There has been a 3% drop overall in diligence, although other summary warrant diligence (i.e. other than for local authority tax) increased by 22%, while non-summary warrant diligence decreased by 29%.
  • The number of Charges for Payment (charges) served in 2012-13 reduced by 7% compared to those served in 2011-12, mostly due to a reduction in those served under non-summary warrant action. The vast majority of these, 81%, were for debts due to local authorities for Council tax and Community Charge debts.
  • Charges served for summary warrant debt other than Council Tax and Community Charges have increased by 11% since 2011-12.
  • Non-summary warrant action has reduced by 34% since 2011-12.
  • Charges served in the Lothian and Borders Sheriffdom have decreased by 30% compared to 2011-12.
  • There has been a 16% increase in the number of Charges served in the Sheriffdom of South Strathclyde, Dumfries and Galloway, compared to 2011-12.
  • Non-earnings arrestment was the most commonly used diligence in relation to both (local tax) summary warrant and other summary warrant debt. However current maintenance arrestments and earnings arrestments were the most commonly used diligence for the collection of non-summary warrant debt.
  • Notices of inhibition decreased by 38% from the previous year.
  • The number of Schedules of inhibition more than doubled in 2012-13.

Contains public sector information licensed under the Open Government Licence v2.0.

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