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

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Intimation to debtors prior to service of current maintenance arrestments

45.—(1) Intimation to a debtor under a maintenance order required by section 54(1)(a) of the Act prior to service of a current maintenance arrestment shall be in form 37.

(2) The form of intimation required under paragraph (1) of this rule shall state—

(a)the name and address of the debtor and the creditor;

(b)where appropriate, details of the making, registration or confirmation of the maintenance order; and

(c)that the debtor has been ordered to pay the sum of maintenance awarded and the consequences of his failure to do so.

(3) A copy of the relevant maintenance order shall be attached to such a form of intimation.

(4) The creditor shall, where the debtor resides in the United Kingdom, intimate to the debtor by posting such a form of intimation in a recorded delivery envelope addressed to him, and where the debtor resides outside the United Kingdom such intimation shall be by any other competent method of service.

(5) The creditor shall prepare and retain an execution of such a form of intimation while the current maintenance arrestment remains in force.

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