The second edition of Scottish Debt Recovery: A Practical Guide is an indispensable resource for solicitors, credit controllers and insolvency practitioners. Written in practical language and clearly set out, it enables the reader to source the relevant legal information and remedies to assist with successful debt recovery using the Scottish legal process.
It examines the following key issues relevant to debt collection in Scotland:
- pre-legal collections
- the utilisation of the court process to judgment enforcement
- judgment enforcement
- consequences for the creditor
- trust deeds and bankruptcy
- the operation of the Debt Arrangement Scheme and the likely financial benefit for creditors
- practical implications including pre-legal debt recovery and debtor information
- recognition and Enforcement of non-Scottish judgments
- the corporate insolvency regime
Key legislation includes:
- The Debtors (Scotland Act) 1987
- The Late Payment of Commercial Debts (Interest) Act 1998
- The Debt Arrangement and Attachment (Scotland) Act 2002
- The Bankruptcy and Diligence etc (Scotland) Act 2007
- The Bankruptcy and Debt Advice (Scotland) Act 2014
- The Bankruptcy (Scotland) Act 2016
The book is now available for purchase here.
Stephen Cowan LLB (Hons), LLM, NP, SSC. FCICM is Managing Director of Yuill + Kyle, Scotland's leading debt recovery lawyers, and a tutor at Strathclyde University. He has written extensively on credit management and debt recovery.