Cash Recovery
Post-Judgement Remedies
Converting your judgement into cash!
If your customer does not make payment following court action we may have to instruct Sheriff Officers to enforce the court's judgement. In effect what the Officer is trying to do is convert the judgement into cash. The generic terms for enforcement in Scotland is known as diligence. This is carried out by Sheriff Officers in three stages being Charge, Poinding and Warrant Sale. In effect these measures are a "filtering" process with warrant sales being rarely necessary for those who are able to satisfy the court order.
But remember - if your customer is a "can't pay" rather than a "won't pay" it will be unlikely a Sheriff Officer will be able to make a successful recover.
If you are concerned about your customer's ability to satisfy the judgement why not instruct a FREE Yuill & Kyle search
Charge
The Sheriff Officers visit the Debtor, leaving a formal demand for payment for the sum due with interest and expenses within fourteen days. You should note that in Scotland, interest is only chargeable under the court action from the date of service of the court document on the Debtor and not as in England from the date on which the debt becomes due. The judicial expenses vary depending on the sum sued for, but in general cover the warrant fee together with an amount in respect of solicitor's costs.
Attachment Order and Exceptional Attachment Order
The Commercial Debtor: Attachment Order
The Sheriff Officers again visit the debtor.
In the case of a commercial debtor where goods are stored outwith a house the goods are valued. This valuation is reported to court and on giving seven days notice to the debtor the goods can be removed for immediate auction and sale. Exceptional Attachment Order Explained.
The Consumer Debtor: Exceptional Attachment Order
We prepare an application for an 'Exceptional Attachment Order' which the court will only grant if certain conditions are satisfied. If the order is granted Sheriff Officers can attend the debtor's house and immediately remove non-essential assets for auction and sale.
Sheriff Officers Fees
These are due by the Defender. Should, however, the Debtor not settle these then you will be liable to reimburse the Sheriff Officers fees. In relation to poinding the Sheriff Officers fees can be as high as 10% of the value of the goods poinded.
| Tel: 0141 331 2332 | © Yuill + Kyle 2007 |
| Fax: 0141 332 4223 | 79 West Regent Street |
| Email: info@debtscotland.com | Glasgow G2 2AR |
