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Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988

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Applications for orders that earnings arrestments invalid etc.

40.—(1) An application under section 50(1) of the Act for declarator that an earnings arrestment is invalid or has ceased to have effect shall be in form 32.

(2) An application to which paragraph (1) of this rule applies shall state—

(a)the name and address of the creditor, the debtor, the officer of court who served the earnings arrestment schedule and the person on whom the schedule was served;

(b)the court which granted the original decree and the date of that decree, or details of the summary warrant or other document, upon which the earnings arrestment proceeded;

(c)the date of service of the earnings arrestment schedule;

(d)the form of order sought;

(e)the reasons for the application; and

(f)any competent crave for expenses.

(3) A copy of the earnings arrestment schedule shall, where practicable, be attached to such an application.

(4) On the lodging of such an application the sheriff clerk shall—

(a)fix a date for a hearing;

(b)obtain from the sheriff a warrant for intimation;

(c)intimate the application and warrant to the applicant, the creditor and, as appropriate, the debtor or the person on whom the earnings arrestment schedule was served and

(d)complete a certificate of intimation.

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