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

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Determination of disputes as to operation of earnings arrestment

41.—(1) An application under section 50(3) of the Act for determination of any dispute as to the operation of an earnings arrestment shall be in form 33.

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

(a)the name and address of the creditor, the debtor, the officer of court who served the earnings arrestment schedule and the employer;

(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 subject matter of the dispute;

(e)the form of order sought, including any sum sought to be reimbursed or paid;

(f)any claim for interest and the date from which such interest should run; and

(g)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 and, as appropriate, the creditor, the debtor and the employer; and

(d)complete a certificate of intimation.

(5) The sheriff clerk shall intimate the sheriff’s decision on such an application to any person to whom intimation of the application was made but who was not present when the application was determined.

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