What is diligence?
Diligence is the Scottish term for methods of enforcing the repayment of debts through legal processes. Diligences include arrestment, attachment and inhibition.
Some of the law on diligence is contained in legislation such as the Debtors (Scotland) Act 1987 (the 1987 Act) or the Debt Arrangement and Attachment (Scotland) Act 2002 (the 2002 Act) but provision for some processes is made in common law.
Both the 1987 Act and the 2002 Act should be read together with the Bankruptcy and Diligence etc. (Scotland) Act 2007 (the 2007 Act) and the relevant Commencement Orders associated with the reforms introduced by the 2007 Act.
The information on this website is not a full statement of the law but gives a broad overview of diligence and summarises the changes introduced to diligence by the Bankruptcy and Diligence etc. (Scotland) Act 2007.
Creditors wishing to pursue debt through diligence (or bankruptcy) must have the debt constituted by decree or other document of debt, for example, summary warrant, before taking action to legally enforce the debt.
Creditors may wish to consult a solicitor or Citizens Advice Scotland when considering what action to take to pursue debts owed to them.
People whose creditors are taking action against them can contact a money adviser. Money Advice Scotland or Citizens Advice Scotland can give information on where to find an adviser in their local areas.
What is the Accountant in Bankruptcy's Role in diligence?
The Accountant in Bankruptcy has policy responsibility for diligences including the commencement of many parts of the Bankruptcy and Diligence etc. (Scotland) Act 2007.
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