Is it feasible to recoup the money that is rightfully yours without having to resort to taking legal action?
Quite often, customers may get in touch with us about debts that are owed to them, fully aware of the fact that in order for them to have any chance of recouping those payments, they would need to initiate a protracted and costly legal action. Nevertheless, provided that the conditions are right, there could be another option open to consider.
The Scottish family law legal system makes use of a practise known as summary diligence. The process of enforcing specific legal rights based on a document (such as a lease or a Minute of Agreement), as opposed to a court ruling, is referred to as “summary diligence,” and the word is used interchangeably with the phrase “summary judgement.” Avoiding the courts entirely is possible with this strategy, which may be advantageous for creditors.
The registration of the document in the Books of Council and Session is the means by which one obtains the authority to depend on the contents of the document. Even if your document is not recorded in the Books of Council and Session, there is still a chance that you will not lose everything. As a Solicitor in Glasgow You need to go through the document to see whether it has a provision in it that states it may be registered “for preservation and execution.” If it does, then you need to accomplish that. In such case, the document may be registered and used as evidence in legal proceedings. In the event that it does not, it is quite probable that you will need assistance in navigating the legal process.
If the document in question is registered, and if one can get their hands on an extract of that document, then it ought to be feasible to do some kind of quick due diligence. There are many different forms that summary diligence might possibly take. Some prominent examples are:-
1. Input a Charge That Requires Payment
As a Law Firm , This involves giving instructions to sheriff’s deputies so that they may deliver a written demand for payment to the debtor. According to the terms of the Charge for Payment, the debtor will have a period of 14 days to make payment. In the event that payment is not collected within the allotted time limit, the lapsed Charge may be used to prove the debtor’s “apparent bankruptcy” for the purpose of commencing the proceedings for either sequestration or liquidation.
2. A demand imposed by statute
Another kind of written demand, this one provides the debtor a period of time of 21 days in which to complete payment. In the event that payment is not collected within the allotted time limit, the lapsed Charge may be used to prove the debtor’s “apparent bankruptcy” for the purpose of commencing the proceedings for either sequestration or liquidation
3. Carry out an arrest at a financial institution
If you know where the debtor’s bank accounts are situated, sheriff’s officers may serve an arrest warrant on the debtor’s bank accounts. If the debtor maintains accounts with that bank and the money in those accounts is more than the protected statutory minimum balance, then the bank is required to take monies that are equivalent to the amount of the debt. Sheriff Officers have the authority to issue speculative arrest warrants against the “big four” banks in the event that the location of the debtor’s bank cannot be determined. In any event, you will be notified of the outcome of the arrest, including whether or not it was successful and, if appropriate, the amount that was taken.
It is important to emphasise that enforcement may be difficult in the event that the debtor does not have the funds required to pay their obligations. If you are in need of advice on outstanding debts, please let us know, and we would be happy to discuss the many alternatives available to you, some of which may involve legal proceedings or summary diligence.
