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Debtors (Scotland) Act 1987

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This is the original version (as it was originally enacted).

50Review of earnings arrestment

(1)If the sheriff is satisfied that an earnings arrestment is invalid or has ceased to have effect he shall, on an application by the debtor or the person on whom the earnings arrestment schedule was served, make an order declaring that to be the case, and may make such consequential order as appears to him to be necessary in the circumstances; and the sheriff clerk shall intimate any order under this subsection to the debtor, the creditor and the person on whom the earnings arrestment schedule was served.

(2)An order under subsection (1) above declaring that an arrestment is invalid or has ceased to have effect shall not be subject to appeal.

(3)The sheriff, on an application by the debtor, the creditor or the employer, may make an order determining any dispute as to the operation of an earnings arrestment.

(4)Without prejudice to section 57(5) of this Act, the sheriff, when making an order under subsection (3) above, may order—

(a)the reimbursement of any payment made in the operation of the arrestment which ought not to have been made; or

(b)the payment of any sum which ought to have been paid in the operation of the arrestment but which has not been paid.

(5)An order under subsection (4) above shall require the person against whom it is made to pay interest on the sum to be paid by him under the order at the specified rate from such date as the sheriff shall specify in the order.

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