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Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988
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- UK Statutory Instruments
- 1988 No. 2013 (S. 192)
- SCHEDULE
- ARRANGEMENT OF FORMS
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ARRANGEMENT OF FORMSEXTENSION OF TIME TO PAY AND RELATED MATTERS
| Form No. | Title | Rule |
|---|---|---|
| 1 | Application for variation or recall of a time to pay direction and arrestment | 4(1) |
| 2 | Application for time to pay order | 5(1) |
| 3 | Application for variation or recall of a time to pay order, arrestment and poinding | 6(1) |
| POINDINGS AND WARRANT SALES | ||
| 4 | Application for release of poinded article | 8(1) |
| 5 | Poinding schedule | 11 |
| 6 | Application for security of poinded article | 12(1) |
| 7 | Application for immediate disposal of perishable poinded article | 13(1) |
| 8 | Receipt under s.21(5) of, and para 6(5) of Schedule 5 to the Debtors (Scotland) Act 1987 | 14 |
| 9 | Report of poinding | 15(1) |
| 10 | Application for release of poinded article on ground of undue harshness | 16(1) |
| 11 | Application for declarator that poinding invalid or ceased to have effect or for recall of poinding | 17(1) |
| 12 | Application for sist of proceedings in poinding of mobile home | 18(1) |
| 13 | Application for extension of duration of poinding | 19(1) |
| 14 | Application for authority to move poinded article | 20(1) |
| 15 | Application for an order for restoration of removed article | 21(1) |
| 16 | Application for recall of an order for restoration of removed article | 22(1) |
| 17 | Application for authority to execute further poinding | 23(1)(b) |
| 18 | Application for authority to execute further poinding and/or to revalue damaged article | 24(1) |
| 19 | Application for an order for consignation by third party | 25(1) |
| 20 | Application for warrant of sale of poinded article | 26(1) |
| 21 | Note to debtor of application for warrant of sale | 26(5) |
| 22 | Consent under section 32(1) and 32(4) of, and paragraph 14(2) and (3) of Schedule 5 to, the Debtors (Scotland) Act 1987 | 27(1) |
| 23 | Receipt under section 33(3) of, and paragraph 15(3) of the Schedule 5 to, the Debtors (Scotland) Act 1987 | 28 |
| 24 | Application for variation of a warrant of sale of poinded article | 30(1) |
| 25 | Notice to debtor of application for variation of a warrant of sale | 30(5) |
| 26 | Report of sale | 31(1) |
| 27 | Application for release of poinded article belonging to third party | 34(1) |
| 28 | Application for release of poinded article in common ownership | 35(1) |
| 29 | Application for finding of common ownership of poinded article | 36(1) |
| DILIGENCE AGAINST EARNINGS | ||
| 30 | Earnings arrestment schedule | 38(1) |
| 31 | Intimation to employer under section 49(8) of the Debtors (Scotland) Act 1987 | 39(1) |
| 32 | Application for declarator that earnings arrestment invalid or ceased to have effect | 40(1) |
| 33 | Application for determination of dispute in operation of earnings arrestment | 41(1) |
| 34 | Current maintenance arrestment schedule | 42(1) |
| 35 | Intimation to employer under section 53(4) of the Debtors (Scotland) Act 1987 | 43(1) |
| 36 | Intimation to employer under section 53(5) of the Debtors (Scotland) Act 1987 | 44(1) |
| 37 | Intimation to debtor under section 54(1)(a) of the Debtors (Scotland) Act 1987 | 45(1) |
| 38 | Application for declarator that current maintenance arrestment invalid ceased to have effect | 46(1) |
| 39 | Application for recall of a current maintenance arrestment | 47(1) |
| 40 | Application for determination of dispute in operation of current maintenance arrestment | 48(1) |
| 41 | Application for payment by creditor to debtor of penalty sum | 51(1) |
| 42 | Application for order on employer to provide information | 52(1) |
| 43 | Application for conjoined arrestment order | 53(1) |
| 44 | Form of notice of application for a conjoined arrestment order | 53(4) |
| 45 | Conjoined arrestment order | 54(1) |
| 46 | Notice of service of conjoined arrestment order | 54(5) |
| 47 | Application for warrant for diligence against employer | 55(1) |
| 48 | Application for order on employer to provide information | 56(1) |
| 49 | Application for variation of a conjoined arrestment order | 57(1) |
| 50 | Form of notice of application for variation of a conjoined arrestment order | 57(3)(a) |
| 51 | Notice of service of an order varying a conjoined arrestment order in terms of section 62(5) of the Debtors (Scotland) Act 1987 | 57(7)(b) |
| 52 | Intimation to employer in terms of section 63(7) of the Debtors (Scotland) Act 1987 | 58(1)(a) |
| 53 | Intimation to employer in terms of section 63(8) of the Debtors (Scotland) Act 1987 | 58(1)(b) |
| 54 | Application for determination of dispute in operation of conjoined arrestment order | 59(1) |
| 55 | Application for payment by creditor to debtor of penalty sum (conjoined arrestment order) | 60(1) |
| 56 | Application for recall of conjoined arrestment order | 61(1) |
| 57 | Application for recall of conjoined arrestment order by all creditors whose debts are being enforced by it | 62(1) |
| 58 | Application for variation of conjoined arrestment order | 63(1) |
| 59 | Notice of service of an order varying a conjoined arrestment order in terms of section 66 of the Debtors (Scotland) Act 1987 | 65(3)(b) |
| 60 | Certificate of execution of earnings arrestment schedule/current maintenance arrestment schedule | 67 |
| WARRANTS FOR DILIGENCE | ||
| 61 | Summary warrant for recovery of rates or community charge | 68(1) |
| 62 | Summary warrant for recovery of rates | 68(2) |
| 63 | Summary warrant for recovery of taxes etc. | 68(3) |
| MISCELLANEOUS | ||
| 64 | Warrant for intimation | 73(1) |
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