Scottish DR: enforcement

This subtopic provides guidance on how to enforce money judgments or debts in Scotland.

For guidance on other key aspects of Scottish civil litigation, see the following overviews, which link through to more detailed guidance:

1. •

   Scottish DR: key developments—overview

2. •

   Scottish DR: courts and civil procedure—overview

3. •

   Scottish DR: prescription and limitation—overview

4. •

   Scottish DR: starting a claim—overview

5. •

   Scottish DR: case management and evidence—overview

6. •

   Scottish DR: expenses and funding—overview

7. •

   Scottish DR: civil appeals and judicial review—overview

8. •

   Scottish DR: claims and remedies—overview

9. •

   Scottish DR: settlement and ADR—overview

Diligence is the means by which money judgments or debts are enforced in Scotland.

Diligence can take a number of forms, including:

1. •

   adjudication for debt—a very rarely used, complex diligence dating back to the Diligence Act 1672 which gives creditors a right or security over a debtor’s specified heritable property (ie land and buildings). Note: adjudication for debt is due to be abolished when sections 79–80 of the Bankruptcy and Diligence (Scotland) Act 2007 (BD(S)A 2007) have been brought into force

2. •

   arrestment—allows