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Official guidance
Debt Management and Banking Manual

DMBM676610 · Summary Proceedings (Sc): Effect of insolvency on Summary Proceedings Actions

  • DMBM676620 · Summary Proceedings (Sc): Insolvency on diligence
  • DMBM676630 · Summary Proceedings (Sc): Company Administration Orders
  • DMBM676640 · Summary Proceedings (Sc): Claims for costs in sequestration cases
  • DMBM676650 · Summary Proceedings (Sc): Claims for costs in sequestrations: decree not obtained
  • DMBM676660 · Summary Proceedings (Sc): Claims for costs in sequestration cases where decree granted but no arrestment has been executed
  • DMBM676670 · Summary Proceedings (Sc): Claims for costs in sequestration cases where decree has been granted and an arrestment executed
  • DMBM676680 · Summary Proceedings (Sc): Claims for costs in sequestration cases
  • DMBM676690 · Summary Proceedings (Sc): Claim for costs in Insolvency cases
  • DMBM676700 · Summary Proceedings (Sc): Claims for costs in receivership cases
  1. Summary Proceedings (Sc): Effect of insolvency on Summary Proceedings Actions: Contents
  2. Summary Proceedings (Sc): Claims for costs in sequestration cases where decree has been granted and an arrestment executed

DMBM676670 | Summary Proceedings (Sc): Claims for costs in sequestration cases where decree has been granted and an arrestment executed

From HM Revenue & Customs · Debt Management and Banking Manual

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Where following the issue of the extract decree the sheriff officer has laid either anordinary arrestment or an earnings arrestment, you will have a claim for the costs of yourdiligence.

However, because any diligence executed within the period of 60 days before the date of sequestration is ineffectual, you must after deducting the expenses of your diligence,hand over the net proceeds of any action of furthcoming to the Permanent Trustee.

The exception to this being that even although you have executed your diligence within the '60 days before sequestration period' you are not required to pay over to the Permanent Trustee any of the monies received as the result of a mandate signed by the defender following an arrestment. (See DMBM676640)

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